Law Commons^™

Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley

Cleveland State Law Review

Generally where one has been injured by another's wrongful conduct he is required to exercise ordinary care and reasonable prudence to seek medical treatment so as to minimize the defendant's damages. Failure to do so may diminish the amount of damages the injured person may recover. This is a fundamental principle of the law of damages, and not of tort.

Book Review, Milton Oppenheim

Cleveland State Law Review

Reviewing David W. Louisell and Harold Williams, Trial of Medical Malpractice Cases, Matthew Bender & Co., Inc., 1960

Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.

Michigan Law Review

Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …

Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.

Michigan Law Review

A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]

The Basis Of Strict Products Liability, Reed Dickerson

Articles by Maurer Faculty

This paper was presented before the Division of Food Drug Cosmetic Law, Section of Corporation, Banking and Business Law of the American Bar Association at the Annual Meeting in St. Louis, August 9. It Is a companion paper to "Restatement or Reformation?" by William J. Condon, which appeared in the August, 1961 issue of this magazine. Mr. Dickerson Is Professor of Law at Indiana University and author of Products Liability and the Food Consumer.

Damages--Propriety Of Per Diem Valuation Of Pain And Suffering By Counsel In Closing Argument, Jackson W. White

Kentucky Law Journal

No abstract provided.

Torts--Infants--Right Of Action In Negligence Permitted By Unemancipated Infant Against His Unemancipated Brother, Philip Taliaferro Iii

Kentucky Law Journal

No abstract provided.

Torts--Conclusive Presumption That Attractive Nuisance Doctrine Is Of No Benefit At Age Fourteen, Howard Downing

Kentucky Law Journal

No abstract provided.

Torts--Nuisance--Reasonable Use, Lowell T. Hughes

Kentucky Law Journal

No abstract provided.

Torts--Federal Tort Claims Act--Negligent Appraisal By Agent Of Federal Housing Commissioner, H. Jefferson Herbert Jr.

Kentucky Law Journal

No abstract provided.

Loss Of Consortium To Wife Caused By Negligence Of Third Party, William M. Dishman Jr.

Kentucky Law Journal

No abstract provided.

Administration Of The Law Of Torts, Bryce Wood

Journal of Legal Education

No abstract provided.

Book Reviews, Arno C. Becht, Charles L. B. Lowndes, Jan Z. Krasnowiecki, J. Allen Smith, Earl Phillips, Charles J. Meyers, Kenneth S. Carlston

Journal of Legal Education

No abstract provided.

Torts--Prenatal Injuries--Child's Right To Recover, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.

Michigan Law Review

Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …

Torts—Duty Of Reasonable Care Toward Mental Patients, Buffalo Law Review

Buffalo Law Review

Hirsh v. State of New York, 8 N.Y.2d 125, 202 N.Y.S.2d 296 (1960).

Torts—Violation Of The Building Code As Evidence Of Negligence, Buffalo Law Review

Buffalo Law Review

Major v. Waverly and Ogden, Inc., 7 N.Y.2d 332, 197 N.Y.S.2d 165 (1960).

Torts—Use Of News Article For Advertising Purposes As Violative Of Right Of Privacy, Buffalo Law Review

Buffalo Law Review

Flores v. Mosler Safe Co., 7 N.Y.2d 276, 196 N.Y.S.2d 975 (1959).

Torts—Number Of Accidents Under A "Per Accident" Clause, Buffalo Law Review

Buffalo Law Review

Arthur A. Johnson Corp. v. Indemnity Ins. Co. of North America, 7 N.Y.2d 222, 196 N.YSM-d 678 (1959).

Torts—Presumption Of Permissive Use Under Section 388 (Formerly Section 59) Of Vehicle And Traffic Law, Buffalo Law Review

Buffalo Law Review

Burmaster v. State of New York., 7 N.Y.2d 65, 195 N.YS.2d 385 (1959).

Torts—Psychiatric Malpractice: Evidence Required And Limitation Applicable, Buffalo Law Review

Buffalo Law Review

Hammer v. Rosen, 7 N.Y.2d 376, 198 N.Y.S.2d 65 (1960).

Restitution -- 1960 Tennessee Survey, William Wicker

Vanderbilt Law Review

Only two Tennessee restitution decisions were reported in the Southwestern Reporter during the year covered by this survey. One involves a question as to the liability of an intestate's estate for burial expenses which were not ordered by either the administrator or the sole heir and next of kin. The other involves a question concerning indemnity or contribution as between unintentional tort-feasors who were guilty of different degrees of negligence.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax

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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti

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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence

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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance

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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party

Torts -- 1960 Tennessee Survey, John W. Wade

Vanderbilt Law Review

As usual, there were about forty reported Torts cases this year. There were no striking new developments. Many of the cases were merely routine, some of them indeed carrying quite long opinions without deciding anything which will give them real value as precedents for the future. The great majority of the cases involved actions for negligence, considerably more than half the cases being concerned with traffic accidents.

Ancillary Rights Of The Insured Against His Liability Insurer, Robert E. Keeton

Vanderbilt Law Review

The primary right of the insured against his liability insurer is the right to reimbursement of loss falling within the coverage defined in the policy. The scope of that right is ordinarily determined by construction of the clauses defining the Bodily Injury Liability and Property Damage Liability Coverages.' The present article is concerned with ancillary rights, arising in part from these and other policy provisions and in part from the relationship created by liability insurance. These rights of the insured are, from the opposite point of view, duties of the insurer--duties concerned principally with settlement of the tort claim or …

Local Government Law -- 1960 Tennessee Survey, A. E. Ryman, Jr.

Vanderbilt Law Review

This survey is directed to the law peculiar to local government. Although nearly every case involves law applicable to parties other than governmental agencies, the focus of attention here is on the aspects peculiar to such agencies. Critique of the law of general application is not within the scope of this article. Although "Elections and Representation" could be treated (as it was last year) under the topic of "Relations of Local Government and Private Persons," it is separated here to emphasize the logical distinction between laws concerned with the creation of governmental agencies on the theory that power is derivative …

Damages In Washington Wrongful Death Actions, David C. Cummins

Washington Law Review

At common law there was no right of recovery for wrongful death and the cause of action for personal injuries did not survive the death of either the injured person or the tort-feasor. In 1846 Lord Campbell's Act was adopted, and not long thereafter wrongful death legislation appeared in every state, patterned largely after the English statute.

Trespass—Unseen Particles Constituting Invasion—Distinguished From Nuisance, Timothy R. Clifford

Washington Law Review

In the 1959 Oregon decision of Martin v. Reynolds Metals Co., the supreme court of that state re-investigated the fields of trespass and nuisance and incorporated into the former modern understanding which had previously been excluded from the aged legal concept.