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Articles 7171 - 7200 of 9020

Full-Text Articles in Law

Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch Apr 1962

Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch

Michigan Law Review

Plaintiff held a reconfirmed tourist reservation on one of defendant's St. Louis-to-Los Angeles flights. Defendant oversold the flight and subsequently "bumped" the plaintiff from the flight in favor of a first-class passenger who was given plaintiff's accommodations in the tourist section. Defendant's agent booked a reservation for the plaintiff aboard another airline and provided plaintiff with lunch. The only expense incurred by the plaintiff as a result of being removed from defendant's flight was the cost of a telephone call to inform his wife of his new arrival time; and plaintiff was inconvenienced by a delay of four hours on …

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Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis Apr 1962

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis

Michigan Law Review

Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …

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Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton Apr 1962

Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton

Michigan Law Review

Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …

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Admissibility Of Evidence Of Insurance In Automobile Negligence Actions Mar 1962

Admissibility Of Evidence Of Insurance In Automobile Negligence Actions

Washington and Lee Law Review

No abstract provided.

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The Casual Relation Issue In Negligence Law, Leon Green Mar 1962

The Casual Relation Issue In Negligence Law, Leon Green

Michigan Law Review

Two significant legal studies of "Causation"-one English, one American-have been recently published. The English book brings to the subject more scholarly learning and a more comprehensive examination of its literature than any other book that has been written. The authors are devoted disciples of causation principles and make a stout defense of the causation concept as the structural core of negligence law. They examine the philosophical, common sense and semantic backgrounds of causal concepts as the basis of legal liability, find that they have merit, and launch extended, and sometimes devastating, attack upon theories that question their adequacy, though in …

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Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed. Mar 1962

Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed.

Michigan Law Review

Measurement of damages for pain and suffering is, in a sense, an attempt to measure the unmeasurable; yet as long as our law recognizes a right to recover for pain and suffering, the jury or judge must arrive at some concrete figure. The traditional approach of simply instructing the jury that they should arrive at a reasonable amount provides little, if any, guidance. The question is whether this approach, nevertheless, remains the best of a bad lot of alternatives. If more guidance is desirable, what can be accomplished within the framework of our present system? The mathematical formula discussed in …

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Torts-Uniform Contribution Among Tortfeasors Act-General Release Of One Tortfeasor Releases All, Robert L. Harmon Mar 1962

Torts-Uniform Contribution Among Tortfeasors Act-General Release Of One Tortfeasor Releases All, Robert L. Harmon

Michigan Law Review

Plaintiff, riding as a passenger with X, was injured in an accident involving the automobile driven by X and a truck owned by defendant. Several months later X paid plaintiff $1,518.87 and received a release. Plaintiff then brought an action in trespass against the defendant, charging negligence in causing the accident and claiming $10,000 damages. The defendant joined X as an additional defendant and X pleaded the release. Defendant's amended answer claimed that the broad language of the release, "any and all other persons," within the meaning of the Uniform Contribution Among Tortfeasors Act, provided a release for the defendant …

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Municipal Corporations - Subrogation To Employees' Rights Against Third Party Tortfeasors, Sheppard W. Mckenney Mar 1962

Municipal Corporations - Subrogation To Employees' Rights Against Third Party Tortfeasors, Sheppard W. Mckenney

William & Mary Law Review

No abstract provided.

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Warranty In Virginia, Allan H. Harbert Mar 1962

Warranty In Virginia, Allan H. Harbert

William & Mary Law Review

No abstract provided.

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Virginia Procedure: Parties To Litigation Involving Automobiles, Emeric Fischer Mar 1962

Virginia Procedure: Parties To Litigation Involving Automobiles, Emeric Fischer

William & Mary Law Review

No abstract provided.

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Procedure - The Power Of A Trial Judge To Order A Remittitur After A Jury Verdict For Personal Injuries, Stanley G. Barr Jr. Mar 1962

Procedure - The Power Of A Trial Judge To Order A Remittitur After A Jury Verdict For Personal Injuries, Stanley G. Barr Jr.

William & Mary Law Review

No abstract provided.

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The Thrust Of Tort Law Part Ii: Judicial Law Making, Leon Green Feb 1962

The Thrust Of Tort Law Part Ii: Judicial Law Making, Leon Green

West Virginia Law Review

No abstract provided.

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Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz Feb 1962

Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz

West Virginia Law Review

No abstract provided.

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Torts--Private Hospitals--Liability For Refusal To Provide Emergency Treatment, John Templeton Kay Feb 1962

Torts--Private Hospitals--Liability For Refusal To Provide Emergency Treatment, John Templeton Kay

West Virginia Law Review

No abstract provided.

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Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr. Feb 1962

Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.

Michigan Law Review

Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …

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Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott Feb 1962

Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott

Michigan Law Review

The plaintiff, as trustee in bankruptcy of the insured, sued the defendant insurer to recover damages resulting from a judgment entered against the insured in a personal injury suit. This judgment subjected the insured to a liability of 89,000 dollars in excess of the 10,000 dollar automobile liability_ coverage carried with the insurer. The insurer, pursuant to its policy, had undertaken the insured's defense and had failed, allegedly in bad faith, to settle the suit for an amount within the limits of its coverage. Before judgment was entered in the personal injury suit the insured was insolvent; six months following …

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Wrongful Death Actions Under The Warsaw Convention, Norton Steuben Jan 1962

Wrongful Death Actions Under The Warsaw Convention, Norton Steuben

Buffalo Law Review

No abstract provided.

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Church Liability For Negligence, Valentine A. Toth Jan 1962

Church Liability For Negligence, Valentine A. Toth

Cleveland State Law Review

The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.

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Recovery For Physical Injury Resulting From Fright Without Impact - Battalla V. State, William H. Price Ii Jan 1962

Recovery For Physical Injury Resulting From Fright Without Impact - Battalla V. State, William H. Price Ii

Maryland Law Review

No abstract provided.

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Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle Jan 1962

Torts - Wrongful Death - Suicide As Result Of Uncontrollable Impulse Caused By Negligently Inflicted Injuries, William F. Coyle

Villanova Law Review (1956 - )

No abstract provided.

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Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles Dale Mcclain Jan 1962

Labor Law - Tort Liability - Member May Sue Union For Its Negligent Conduct, Charles Dale Mcclain

Villanova Law Review (1956 - )

No abstract provided.

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Consent To Surgery, Gerald M. Smith, R. Joseph Olinger Jan 1962

Consent To Surgery, Gerald M. Smith, R. Joseph Olinger

Cleveland State Law Review

The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …

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Informed Consent To Medical Treatment, Milton Oppenheim Jan 1962

Informed Consent To Medical Treatment, Milton Oppenheim

Cleveland State Law Review

Medical malpractice is usually considered in terms of negligent conduct by the physician in the course of the physician-patient relation. Many of the actions are not predicated on the law of negligence, although this type of malpractice undoubtedly is the most common type of litigation. A substantial group of cases deal with unauthorized operations, which are characterized as battery, emerging from lack of informed consent.

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Book Review, Rudolf H. Heimanson Jan 1962

Book Review, Rudolf H. Heimanson

Cleveland State Law Review

Reviewing Albert Averbach and Melvin Belli, eds., Tort and Medical Yearbook, Vol. I, Bobbs-Merrill, 1961

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Teachers' Tort Liability, Thomas A. Dugan Jan 1962

Teachers' Tort Liability, Thomas A. Dugan

Cleveland State Law Review

The recent notoriety in the Cleveland area attendant upon several reports of alleged batteries committed by teachers has served to focus the attention of both the educator and the citizen on this aspect of liability. This attention may well result in some necessary judicial and legislative clarification in this area, but it may tend to obscure other equally important facets of the teacher's tort liability. It is with this thought in mind that this article is written. The article itself is intended as much for teachers as it is for attorneys. Where possible, it attempts to transcend the attorney's usual …

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Intoxication And Third Parties, John Vamis Jan 1962

Intoxication And Third Parties, John Vamis

Cleveland State Law Review

Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …

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Church Liability For Negligence, Valentine A. Toth Jan 1962

Church Liability For Negligence, Valentine A. Toth

Cleveland State Law Review

The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.

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Legal Safety Standards For Detergents, Marvin D. Silver Jan 1962

Legal Safety Standards For Detergents, Marvin D. Silver

Cleveland State Law Review

In the recent case of Brooks v. Temple Sinai, the Court of Appeals of New York affirmed an award of the Workmen's Compensation Board in favor of the claimant, holding that "the evidence sustained a finding of causal relationship between the splashing of detergent in the claimant's eye and the subsequent loss of sight in such eye, notwithstanding a prior history of eye trouble." Two judges protested vigorously on the grounds of overwhelming testimony against causal relationship and questioned the granting of the award on the bare legal sufficiency of other medical opinion. The decision of the Brooks court seems …

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Intoxication And Third Parties, John Vamis Jan 1962

Intoxication And Third Parties, John Vamis

Cleveland State Law Review

Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …

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X-Ray Malpractice, Lucien B. Karlovec Jan 1962

X-Ray Malpractice, Lucien B. Karlovec

Cleveland State Law Review

Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.

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