Law Commons^™

Torts—Intersection Collisions—Deception, Robert L. Beale

Washington Law Review

The invitation to litigation issued by the Washington court when it decided Martin v. Hadenfeldtin 1930 was again accepted by counsel in Chavers v. Olad.

Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi

Washington Law Review

The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.

Torts—Monopoly—Medical Services, Ralph L. Hawkins

Washington Law Review

Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.

Torts—Nuisance Per Se, L. William Houger

Washington Law Review

Macy v. Chelan perpetuated the confusion which has long existed about the concept of nuisance per se.

Torts—Prenatal Injury, Beverly Rosenow

Washington Law Review

Seattle-First National Bank v. Rankin is the first Washington case allowing recovery for injuries suffered before birth because of negligence. By recognizing a cause of action for prenatal injuries, this jurisdiction joins the trend of recent decisions in the area.

Torts—Unavoidable Accident Instruction, L. William Houger

Washington Law Review

Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.

Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.

Washington Law Review

No abstract provided.

Torts—Gross Negligence Under The Guest Statute, Dwayne Copple

Washington Law Review

The first definitive interpretation of "gross negligence" within the meaning of the 1957 amendment to the Host-Guest Statute has been given by the Washington court in the case of Crowley v. Barto.

Last Clear Chance Doctrine In Florida, Nathaniel E. Gozansky

University of Miami Law Review

No abstract provided.

The Submission Of Special Verdicts In Negligence Cases -- A Critique Of The Bug Bite Case, Leon Green

University of Miami Law Review

No abstract provided.

Nuisance -- As A "Taking" Of Property, Stanley L. Lester

University of Miami Law Review

No abstract provided.

Municipal Liability For Police Torts: An Analysis Of A Strand Of American Legal History, Marshall S. Shapo

University of Miami Law Review

No abstract provided.

The Individual Member's Right To Recover For A Defamation Leveled At The Group, Mason C. Lewis

University of Miami Law Review

No abstract provided.

Duty Of A Liability Insurer To Settle Within Policy Limits -- The Problem Of Excess Liability, Martin E. Segal

University of Miami Law Review

No abstract provided.

The Law Of Organized Nudism, Henry M. Schmerer

University of Miami Law Review

No abstract provided.

Zim Israel Navigation Co. V. Maziar, Moshe Silberg, Moshe Landau, Alfred Witkon

Translated Opinions

During a voyage between Marseilles and Haifa, the respondent fell ill, apparently from food she had eaten on board, and for three months after arriving in Israel suffered from a stomach infection. She sued the ship owners and the ship's chef for negligence. The appellants pleaded in defence inter alia the exemption clause relieving them from liability which appeared in the passenger ticket sold to the respondent. The District Court found for the respondent on the ground that res ipsa loquitur and held that the exemption clause was null and void.

Held (per Silberg, J.): As between the English approach …

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Implied Warranty And Trichinosis, Lee Ames Luce

West Virginia Law Review

No abstract provided.

Insurance Company Liability For Exemplary Damages, Walter W. Miller Jr.

Buffalo Law Review

Northwestern Nat. Cas. Co. v. McNulty, 307 F.2d 432 (5th Cir. 1962).

Damages--Detinue--Liability Under Redelivery Bond For Depreciation Of Chattel, George Charles Hughes Iii

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administration of Justice-Federal Rules of Civil Procedure--District Court Has No Power To Penalize Counsel for Delay Which Violates Standing Orders of Court

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Carriers--Routes-Action for Reparation Available Under Motor Carrier Act for Unreasonable Routing Defendant motor carrier transported shipments for plaintiff shipper

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Constitutional Law--Full Faith and Credit--Collateral Attack on Errors of Court of Prior Forum

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Restraint of Trade--Labor Law-Where Defendants Stipulated They Were Independent Contractors and Joined Union To Fix Prices, Having No Other Legitimate Union Interest, Membership May Be Terminated Under Sherman Act

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Domestic Relations--Annulment--Female Impotence Is Made Curable by the Surgical Creation of a Functional …

Torts -- 1962 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

Most of the tort cases during the survey period do not involve any significant changes in the law. Mindful of the necessity of stability and predictability, and of a tradition of even-handed continuity, our courts have been naturally hesitant to upset established rules. However, in a few areas (injuries to unborn children, application of the immunity doctrine to a minor whose disability is removed, scope of liability for negligent misrepresentation) the courts have been faced with new problems and changed conditions. In these areas the decisions frankly accept responsibility for some development of legal doctrine to keep it responsive to …

Recovery Of Damages For Injuries Sustained By Children En Ventre Sa Mere, Daniel A. Ruley Jr.

West Virginia Law Review

The principal legal question dealt with here is whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured and subsequently is born dead as the result of negligence of a third party. This question is closely related to the questions of: (1) whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured as the result of negligence of a third party, subsequently is born alive and then dies as a result of such injuries; and (2) …

Sales-Implied Warranty-Merchantable Quality Of Tobacco Products, John E. Mogk

Michigan Law Review

Decedent's widow and the administrator of his estate brought a consolidated suit against the American Tobacco Company on six theories of liability for the death of decedent, allegedly caused by lung cancer purportedly contracted from the smoking of defendant's cigarettes. At the close of plaintiff's evidence, the district court directed a verdict for defendant on all counts except those of implied warranty and negligence. The jury determined that, although defendant's cigarettes were the cause of decedent's lung cancer and resultant death, defendant had no means of knowing that the cigarettes would cause cancer. On appeal of the implied warranty charge …

Hurricanes And Municipal Liability

Washington and Lee Law Review

No abstract provided.

The Foolish Insured And Double Indemnity

Washington and Lee Law Review

No abstract provided.

Assumption Of Risk In The Use Of Icy Sidewalks

Washington and Lee Law Review

No abstract provided.

Liability Of Unincorporated Association For Tortious Injury To A Member, Judson A. Crane

Vanderbilt Law Review

Whether a partnership should be treated as a legal entity has been discussed in connection with the drafting of the Uniform Partnership Act' and its interpretation. It seems that the act is in some respects consistent with the entity theory, particularly in the creation of "tenure in partnership" of the joint property. As to liability of the partnership for tortious injury of a member by the partners or partnership employees, it seems clearly to have adopted the non-entity or aggregate approach. Section 13 provides that the partnership is liable for loss or injury by wrongful act or omission caused --to …

Advocating The Rights Of The Injured, Benjamin Marcus

Michigan Law Review

When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.

Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure

Michigan Law Review

While loading grain aboard a ship, the petitioners, longshoremen, were injured when they inhaled noxious fumes from a shot of grain released into the vessel's hold, the grain having been treated with a chemical insecticide by unknown parties at an inland point. Petitioners brought suit against the city, which owned the grain elevators, and the shipowner, alleging, among other things, that the vessel was unseaworthy. The district court found the ship to be seaworthy, and the circuit court of appeals affirmed the judgment for the defendant. On certiorari the Supreme Court vacated the judgment and remanded the case to the …