Law Commons^™

Some Needed Changes In The Tort Law Of Virginia, Dudley Warner Woodbridge

William & Mary Law Review

No abstract provided.

Torts: Prenatal Injuries, Shannon T. Mason Jr.

William & Mary Law Review

No abstract provided.

Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert

William & Mary Law Review

No abstract provided.

Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

1. Non-Resident Motorists.-The statute subjecting non-residents to suit in Tennessee for injuries inflicted within the state has been extended by interpretation to non-resident parents who join in their minor child's application for a driver's license.

2. Watercraft.-The principle of the non-resident motorists statutes has been applied to watercraft by a statute entitled "Operation of watercraft in state as appointment of agent for process."

III. Support In Thomas v. Thomas a woman had been granted a divorce in Tennessee and custody of the children of the marriage, with a decree of support for the children against the father but with it …

Restitution -- 1961 Tennessee Survey, John W. Wade

Vanderbilt Law Review

"A person who has been unjustly enriched at the expense of an-other is required to make restitution to the other." This is the first section of the Restatement of Restitution.' It indicates the principle underlying a field of the law coordinate with tort and contract.About a dozen cases during the survey period may be classified as raising a problem within this general subject. They do not cover the whole range of the field and have here been classified on a pragmatic rather than an analytical basis.

Services are normally rendered under a contract which governs the nature of the services …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

Torts -- 1961 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

The tort cases reported during the past year were of unusual interest. A number of them dealt with points of first impression in this state. Others represent developments of the law designed to bring it into harmony with changing conditions, as in the application of the res ipsa loquitur doctrine to the unexplained fall of an air-liner, or in the clarification of the duties of an automobile driver to a mere licensee in the vehicle. While the basic pattern for justice in the field of torts has been worked out by our courts with much care and wisdom, occasional modifications …

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Book Reviews, Winthrop R. Munyan, John W. Fager, Walter P. Armstrong Jr., Jerry L. Moore

Vanderbilt Law Review

Taxation of Foreign Income By Boris I. Bittker and Lawrence F. Ebb. Stanford: Stanford University, 1960. Pp. xii, 580.

reviewer: Winthrop R. Munyan

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The Planning and Administration of Estates Edited by Rene A. Wormser. New York: Practising Law Institute, 1961. Pp. 324.

reviewer: John W. Fager

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How to Evaluate and Settle Personal Injury Cases By Allen Bush Indianapolis: The Bobbs-Merrill Company, Inc., 1959. Pp. x,148.

reviewer: Walter P. Armstrong, Jr.

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The Tax Practice Deskbook By Harrop A. Freeman and Norman D. Freeman Boston and Toronto: Little, Brown and Co., 1960. Pp. vii, 581. $17.50.

reviewer: Jerry L. …

Exemplary Damages And Joint Tortfeasors The

Washington and Lee Law Review

No abstract provided.

Measure Of Damages For Wrongful Death Of A Minor Child

Washington and Lee Law Review

No abstract provided.

Assumption Of Risk As A Limitation Of Liability In Guest-Host Relationships

Washington and Lee Law Review

No abstract provided.

Act Of God: A Reconsideration

Washington and Lee Law Review

No abstract provided.

Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards

Washington Law Review

The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity in Washington with a recently enacted statute. This abolition may be partial, however, and its full effect cannot be predicted with certainty. Much of this uncertainty is caused by the history of sovereign immunity, both in the State of Washington and elsewhere.

Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody

Washington Law Review

May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'

Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger

Washington Law Review

Covers cases on warrantless arrest (Kremer); on contributory negligence—absolute right to stop at a yellow light (Howe); on warning lights on the highway—absolute duty versus reasonable measures (Mackie); on automobiles—dangerous instrumentality doctrine—negligence (Lyness); on the tort liability of a building contractor to third persons injured after completion of work (Conger); and on silence as fraudulent concealment—vendor and purchaser—duty to disclose (Lyness)

United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger

Washington Law Review

In Hess v. United States, the Government was held liable for the death of a workman who was participating in the repair of the Bonneville Dam on the Columbia River, though the district court found that the Government was in no way negligent.

Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.

Michigan Law Review

A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …

Soverign Immunity - Suit For Specific Relief Against Federal Officers - United States Not A Necessary Part, Steven P. Davis

Michigan Law Review

Plaintiff, claiming right to possession, brought an ejection action in a Georgia court against both the government officer in possession of the land and the United States. Defendants removed the case to a United States district court and moved for dismissal. The district court granted defendants' motion to dismiss, holding that the court had no jurisdiction over the claim because the suit in substance and effect was against the United States and the United States had neither consented to be sued nor waived its immunity from suit. On appeal to the Court of Appeals for the Fifth Circuit, held, …

Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz

Michigan Law Review

When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …

The Cautionary Instruction On Income Taxes In Negligence Actions, Norman C. Roettger

Washington and Lee Law Review

No abstract provided.

Tort Liability For Breach Of Warranty

Washington and Lee Law Review

No abstract provided.

Basis Of Liability In Fireworks Accidents

Washington and Lee Law Review

No abstract provided.

Caveat Emptor In Sales Of Realty--Recent Assaults Upon The Rule, Leo Bearman, Jr.

Vanderbilt Law Review

While caveat emptor is still ostensibly the law applicable to sales of realty in every common law jurisdiction, it no longer effectively protects the builder-vendor. In many instances he is now being held liable for damages or rescission for failure to meet what is in result, if not in fact, an implied warranty of good quality and fitness for purpose when he sells a newly constructed home. The expansions of previously settled doctrine by the courts to reach this result have occurred in the areas of implied warranty itself, and in the areas of express warranty, marketable title, fraud,and negligence. …

Automobile Deaths And Involuntary Manslaughter In West Virginia, Clark B. Frame

West Virginia Law Review

No abstract provided.

Damages--Collateral Source Rule, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.

Damages--Corporations--Corporate Liability For Exemplary Damages, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones

West Virginia Law Review

No abstract provided.