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Articles 7051 - 7080 of 9022

Full-Text Articles in Law

Change Of Neighborhood In Nuisance Cases, Martin A. Levitin Jan 1964

Change Of Neighborhood In Nuisance Cases, Martin A. Levitin

Cleveland State Law Review

The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.

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Industrial Relations - Torts - Intentional Interference With Advantageous Trade Relationships By Illegal Means - Intimidation - Conspiracy To Threaten Breach Of Contract, Innis Christie Jan 1964

Industrial Relations - Torts - Intentional Interference With Advantageous Trade Relationships By Illegal Means - Intimidation - Conspiracy To Threaten Breach Of Contract, Innis Christie

Innis Christie Collection

Canadian courts will doubtless have to contend in the future with the tort of intimidation, as constituted by a threat to breach one's own contract, to which the House of Lords has given its blessing in Rookes v Barnard. This case, considered by many to be the most important decision in the area of trade union law since the Taff Vale case, has attracted considerable public attention in England. Much of the comment has emphasized their Lordships' treatment of section 3 of the Trade Disputes Act, 1906, of which there is no Canadian equivalent, but the new basis of …

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Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman Jan 1964

Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman

Michigan Law Review

The duty of the driver of an automobile to his nonpaying passenger, and liability arising from the breach of that duty, has long presented a troublesome area of litigation for the courts and the parties involved. Application of standards unsuited for the peculiar risks of automotive transportation has produced inadequate compensation in some cases and excessive recoveries in others. Meanwhile, trial calendars are overcrowded with personal injury litigation, and insurance companies must bear the awards of sympathetic juries and those resulting from collusion between passenger and driver. The over-all expense of this method of determination of liability, far too little …

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Recent Cases Jan 1964

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

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A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts Jan 1964

A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

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Tenancy By The Entirety - Wife's Tort Liability For Negligence, Frances H. Miller Jan 1964

Tenancy By The Entirety - Wife's Tort Liability For Negligence, Frances H. Miller

Faculty Scholarship

No abstract provided.

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Husband And Wife--Damages--Wife's Right To Damages For Loss Of Consortium Due To Negligent Injury Of Husband, Thomas C. Greene Jan 1964

Husband And Wife--Damages--Wife's Right To Damages For Loss Of Consortium Due To Negligent Injury Of Husband, Thomas C. Greene

Kentucky Law Journal

No abstract provided.

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Medical Malpractice In Kentucky, Marvin Henderson Jan 1964

Medical Malpractice In Kentucky, Marvin Henderson

Kentucky Law Journal

No abstract provided.

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Parental Liability For Torts Of Children, Alice B. Freer Jan 1964

Parental Liability For Torts Of Children, Alice B. Freer

Kentucky Law Journal

No abstract provided.

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Landlord And Tenant--Liability Of A Landlord To A Third Person For The Negligence Of His Tenant, Roger M. Oliver Jan 1964

Landlord And Tenant--Liability Of A Landlord To A Third Person For The Negligence Of His Tenant, Roger M. Oliver

Kentucky Law Journal

No abstract provided.

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Torts--Intervening Cause--Foreseeability, Robert J. Greene Jan 1964

Torts--Intervening Cause--Foreseeability, Robert J. Greene

Kentucky Law Journal

No abstract provided.

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Torts--Municipal Tort Immunity Doctrine, Edwin Abell Jan 1964

Torts--Municipal Tort Immunity Doctrine, Edwin Abell

Kentucky Law Journal

No abstract provided.

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Fusion Of Libel And Slander-- Quaere, M. Ray Doubles Jan 1964

Fusion Of Libel And Slander-- Quaere, M. Ray Doubles

University of Richmond Law Review

Are certain written publications which were libelous per se at common law, still actionable as such in Virginia today under a count in common law libel?

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Negotiable Instruments--Defense Available Against Holder In Due Course, John Ralph Lukens Dec 1963

Negotiable Instruments--Defense Available Against Holder In Due Course, John Ralph Lukens

West Virginia Law Review

No abstract provided.

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Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan Dec 1963

Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan

Michigan Law Review

The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.

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Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish Nov 1963

Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish

Michigan Law Review

Defendants, professional consulting engineers, contracted with the city of Chattanooga to design a sewage system. As part of their performance of the contract they prepared a report of geological conditions which was to be distributed by the city to prospective bidders. Plaintiff, a tunneling subcontractor, had no dealings with the defendants, but did rely on their report in making its bid. Because one of defendant's draftsmen carelessly omitted pertinent geological information from the report, it took plaintiff three weeks longer to complete the work than had been anticipated. Plaintiff sued defendant for damages for misrepresentation; held, plaintiff may recover. …

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Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan Oct 1963

Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan

Translated Opinions

The respondent was convicted at first instance of being a procurer under section 1(b) of the Penal Law Amendment (Prostitution Offences) Law, 1962, but owing to the special circumstances of the case he was not given a prison sentence but put on probation. An appeal to the Supreme Court having failed, the Attorney-General applied for a Further Hearing* regarding the construction of the said section 10 in the light of section 3 (2) of the Probation of Offenders Ordinance, 1944. The sole issue was whether a person convicted under the Law must be sentenced to imprisonment or may instead be …

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Torts—Liability For Disability From Occupational Disease Commences With Medical Treatment Even Where There Is No Loss Of Earnings, Ronald L. Fancher Oct 1963

Torts—Liability For Disability From Occupational Disease Commences With Medical Treatment Even Where There Is No Loss Of Earnings, Ronald L. Fancher

Buffalo Law Review

Ryciak v. Eastern Precision Resistor, 12 N.Y.2d 29, 186 N.E.2d 408, 234 N.Y.S.2d 207 (1962).

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Torts—Applicability Of Statute Of Limitations In Breach Of Warranty And Negligence Actions, William A. Carnahan Oct 1963

Torts—Applicability Of Statute Of Limitations In Breach Of Warranty And Negligence Actions, William A. Carnahan

Buffalo Law Review

Schwartz v. Heyden Newport Chem. Corp., 12 N.Y.2d 212, 188 N.E.2d 142, 237 N.Y.S.2d 714 (1963).

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Torts—Products Liability Cases—Privity No Longer Required, Thomas C. Mack Oct 1963

Torts—Products Liability Cases—Privity No Longer Required, Thomas C. Mack

Buffalo Law Review

Goldberg v. Kollsman Instrument Corp., 12 N.Y.2d 432, 240 N.Y.S.2d 592, 191 N.E.2d 81 (1963).

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Torts—Maintenance Of Abandoned House In State Of Disrepair Not Basis For Absolute Liability, Thomas C. Mack Oct 1963

Torts—Maintenance Of Abandoned House In State Of Disrepair Not Basis For Absolute Liability, Thomas C. Mack

Buffalo Law Review

Beauckamp v. New York City Housing Authority, 12 N.Y.2d 400, 240 N.Y.S.2d 15, 190 N.E.2d 412 (1963).

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Torts—Constructive Release Of Co-Tortfeasors Fails, Donald P. Simet Oct 1963

Torts—Constructive Release Of Co-Tortfeasors Fails, Donald P. Simet

Buffalo Law Review

Derby v. Prewitt, 12 N.Y.2d 100, 187 N.E.2d 556, 236 N.Y.S.2d 953 (1962) (three judges dissenting).

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Torts—Malpractice—Cause Of Action Accrues Only At End Of Treatment Which Includes Wrongful Acts Or Omissions, Ronald B. Felman Oct 1963

Torts—Malpractice—Cause Of Action Accrues Only At End Of Treatment Which Includes Wrongful Acts Or Omissions, Ronald B. Felman

Buffalo Law Review

Borgia v. City of New York, 12 N.Y.2d 151, 187 N.E.2d 777, 237 N.Y.S.2d 319 (1962).

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Torts—Contributory Negligence As A Matter Of Law, Josephine Y. King Oct 1963

Torts—Contributory Negligence As A Matter Of Law, Josephine Y. King

Buffalo Law Review

Nucci v. Warshaw Constr. Corp., 12 N.Y.2d 16, 186 N.E.2d 401, 234 N.Y.S.2d 196 (1962).

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Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone Oct 1963

Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone

Vanderbilt Law Review

After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.

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Liability Insurance And The Rule Of Exclusion In Tort Actions Sep 1963

Liability Insurance And The Rule Of Exclusion In Tort Actions

Washington and Lee Law Review

No abstract provided.

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Ordering Physical Examination Of Personal Injury Plaintiffs Sep 1963

Ordering Physical Examination Of Personal Injury Plaintiffs

Washington and Lee Law Review

No abstract provided.

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Sleeping Drivers In Tort Law Sep 1963

Sleeping Drivers In Tort Law

Washington and Lee Law Review

No abstract provided.

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Torts—Assumption Of Risk, Virginia A. Oldow Jul 1963

Torts—Assumption Of Risk, Virginia A. Oldow

Washington Law Review

In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …

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Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces Jul 1963

Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces

Washington Law Review

Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …

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