Law Commons^™

Abstracts Of Recent Cases, Robert William Burk Jr.

West Virginia Law Review

No abstract provided.

Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.

West Virginia Law Review

No abstract provided.

Maximum Limitation On Death Actions In Virginia, Sheppard W. Mckenney

William & Mary Law Review

No abstract provided.

Torts - Illegitimacy - Illegitimate V. Father

Duquesne Law Review

To cause one to be born into the world as an illegitimate constitutes a tortious act-no remedy for injuries resulting from this act will be granted.

Zepeda v. Zepeda, 41 Ill. App. 2d 240, 190 N.E. 2d 849 (1963).

Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig

Cleveland State Law Review

The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.

Tort Of Invasion Of Privacy Recognized In Maryland - Carr V. Watkins, Arthur K. Crocker

Maryland Law Review

No abstract provided.

Libel From Comment On Facts Generally Known - A. S. Abell Company V. Kirby, Robert W. Baker

Maryland Law Review

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Tort Liability For Misstatements Or Omissions In Sales Of Securities, Lawrence J. Hayes

Cleveland State Law Review

This article deals with certain civil liabilities created by the Securities Act of 1933 and the Securities Exchange Act of 1934 in connection with the sale of securities. It is centered on liability occasioned by misstatements or omissions in sales of securities.

Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson

Cleveland State Law Review

Within the framework of this article, it is proposed to consider, in summary form, the doctrines of custom, usage, and rules frequently violated by stockbrokers.

Unfair Competition In Use Of Corporate Names, John P. Diamond

Cleveland State Law Review

It is well settled that the law will give equitable protection to the prior appropriator of a corporate name against a subsequent unauthorized use by a junior corporation. In most states statutory recognition is given to the property right which a corporation acquires in its own name, usually in the form of a prohibition against another corporation choosing a name the same as or deceptively similar to that of the prior incorporator. Although it has been suggested by one author that the courts should give broader effect to the statutes, nevertheless the great majority of the cases are decided under …

Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess

Cleveland State Law Review

Much has been written about liability of parent corporations for acts of their subsidiaries, but much of the material principally concludes that there is no clear law on the subject. The present article is an attempt to illustrate several of the more recent cases defining various lower common denominators useful in analysing corporate entity problems related to parent and subsidiary corporations.

Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.

Cleveland State Law Review

As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …

Contributory Negligence In Product Liability, S. Burns Weston

Cleveland State Law Review

This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.

Contributory Negligence In Europe, Huib Drion

Cleveland State Law Review

The Dutch law relating to contributory negligence is entirely judge made law, as it is in France and Belgium and in the other countries which have derived their civil codes from the Code Napoleon. We have here a good example of the advantage of the more elastic development of judge made law in the countries with codified laws, at least in the field of the law of torts.

Contibutory Negligence In Medical Malpractice, W. David Alderson

Cleveland State Law Review

Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …

Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman

Cleveland State Law Review

The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …

One-Man Corporate Entity In Torts, James A. Thomas

Cleveland State Law Review

This article is confined to a summary of the liability of a sole shareowner for the torts of his employees or of himself in the execution of the corporate business.

Book Review, David S. Lake

Cleveland State Law Review

Reviewing Encyclopedia of Negligence, Central Book Company, 1962

Parent-Child Tort Actions, Richard W. Dunn

Cleveland State Law Review

The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.

Contributory Negligence Of Children, James H. Keet Jr.

Cleveland State Law Review

We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …

Contributory Negligence Of Automobile Passengers, Martin C. Spector

Cleveland State Law Review

What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …

Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel

Cleveland State Law Review

The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.

Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach

Cleveland State Law Review

It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …

Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake

Cleveland State Law Review

The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Torts--Res Ipsa Loquiter, Wayne T. Bunch

Kentucky Law Journal

No abstract provided.