Law Commons^™

Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.

Maryland Law Review

No abstract provided.

What Constitutes An Assault, William H. Erickson

Cleveland State Law Review

Assault, as it has been judicially defined, finds its basis in the protection against the apprehension of receiving harmful or offensive contact. It is the threshold for the more serious tort of battery, the actual contact with the person of the plaintiff. The law of assault has been developing over hundreds of years and will continue to do so. Of key importance to the tort, and the one factor more than any other which differentiates the tort of assault from other forms of intentional wrongdoing, is the element of apprehension in the mind of the victim. Without the awareness by …

Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies

Cleveland State Law Review

Educational institutions are not expected to be insurers of a student's safety; however, schools must exercise that degree of care required to avoid a negligent disregard of the potential dangers inherent in academic chemical experimentation. Industry must likewise exert due care to avoid unnecessary exposure of the industrial chemist to unreasonable dangers. Injuries sustained in the industrial research laboratory may be recoverable under workmen's compensation statutes or under tort law. The industrial chemist assumes a limited risk, but he does not assume the perils of his employer's negligence.

Defectively Designed Highways, Steven J. Erlsten

Cleveland State Law Review

There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …

Landlord's Liability For Ice And Snow, Michael R. Gareau

Cleveland State Law Review

The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …

Warsaw Convention: Treaty Under Pressure, Jay Levine

Cleveland State Law Review

The major United States and foreign airlines have agreed to absolute liability for provable damages up to $75,000 for injury or death of passengers on Warsaw Convention flights to, from, or stopping in, the United States. For the vast majority of Americans on international flights, the Agreement disposes of the Convention's liability limit of $8,300.3 And the Lisi opinion of the Second Circuit may make the Convention a dead letter for accidents occurring before the Agreement.

Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii

Cleveland State Law Review

The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.

Police Liability For False Arrest Or Imprisonment, John M. Manos

Cleveland State Law Review

It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an …

Negligent Operation Of A Police Vehicle, Harvey S. Morrison

Cleveland State Law Review

As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …

Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan

Buffalo Law Review

Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).

Torts—Unfair Competition—Injunction Granted To Prevent One From Using His Surname In Own Business, Roger J. Niemel

Buffalo Law Review

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, 218 N.E.2d 531, 271 N.Y.S.2d 652, motion to amend remittitur granted, 18 N.Y.2d 676, 219 N.E.2d 872, 273 N.Y.S.2d 422 (1966).

Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie

Innis Christie Collection

In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of …

Covenant To Repair As Evidence Of Landlord's Control, Edmund Button

Cleveland State Law Review

An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.

Employer's Liability For Employee He Was Compelled To Hire, James Balph

Cleveland State Law Review

Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …

Bowling Alley Tort Liability, Matthew J. Koch

Cleveland State Law Review

Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.

Title Insurance Aspects Of Tort Liability, Dean T. Lemley

Cleveland State Law Review

By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.

Brake Failure As Negligence Per Se, Otto J. Danker

Cleveland State Law Review

Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.

The Attorney As Plaintiff: Tortious Interference With Contract And The Attorney-Client Relationship, Eugene Mullins

Kentucky Law Journal

No abstract provided.

Agency--Respondeat Superior--Contribution--Indemnity--Employer's Liability Toward The Wife Of His Employee, John D. Mccann

Kentucky Law Journal

No abstract provided.

Torts--Negligence--Freedom From Illegitimate Birth, Robert K. Wood

Kentucky Law Journal

No abstract provided.

Torts--Negligence-Violation Of An Administrative Regulation As Negligence Per Se, Gary E. Conn

Kentucky Law Journal

No abstract provided.

Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

Strict Liability In Tort: A Modest Proposal, David G. Epstein

Law Faculty Publications

Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …

Sonic Booms-Breaking The Tort Barrier?

Georgia Law Review

The Problem Posed by the SST

In July, 1957, Major John Glenn made aviation history by piloting a Navy F8U Crusader jet on the first cross-country supersonic flight.' While few people today are concerned with who holds what record for supersonic flight, the damage caused by the "sonic boom" by-product of supersonic flight may well be a matter of grave concern to all homeowners in the immediate future. Recently, the Federal Aviation Agency (hereinafter FAA) approved plans for construction of a supersonic airliner (hereinafter SST) which will re-trace Major Glenn's New York to Los Angeles cross-country flight at a cruise …

Abstracts Of Recent Cases, Edward Perry Johnson

West Virginia Law Review

No abstract provided.