Law Commons^™

Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah

Cleveland State Law Review

In the annals of the spread of the common law to other lands and other ways, Malaya may deserve a modest place, but, as the selection here no doubt shows, so far it has made no significant contribution to the intellectual content of that law. It has neither produced nor harboured a Cardozo or a Dixon. At best, its judges have applied common law principles simply but soundly; they have never, at least in tort, been subtle or illuminating. Its legal history is of interest for its own sake; its legal achievement awaits us in the future, not in the …

Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post

Cleveland State Law Review

Food additives could create one of the nicest legal problems that courts have ever had to face. We are not concerned with theories of negligence, warranty, privity, or statutory interpretation as it applies to any of these three concepts. The real problem is twofold: establishment of harm arising from the presence of an additive or additives; and establishment of a judicial policy to contemplate the fact that, if and when such harm does befall someone, it will happen in spite of the utmost good faith on the part of the manufacturer, and in the face of legislative and administrative authorization …

Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick

Cleveland State Law Review

Most legal texts state as a matter of law that in order to apply the doctrine of res ipsa loquitur it is required that plaintiff show that the instrumentality causing his injury was in the continuous and exclusive control of one defendant. This general proposition has been stated in Ohio on several occasions. However, in the last few years some exceptions to this general rule have been established in several jurisdictions.

Epilepsy - Post-Traumatic Or Not, Irwin N. Perr

Cleveland State Law Review

This article discusses the legal issues presented in Muscarello v. Peterson. The case presents clearly the medical aspects in ascertaining whether epilepsy is a result of injury or is a result of independent factors. As the court stated, the decision rests basically on medical evidence and its evaluation by the jury.

Employer Immunity In Independent-Contractor Torts In Ohio, Robert Blattner

Cleveland State Law Review

The independent contractor situation differs from most other tort cases in that the employer usually is not the actual tortfeasor. As the contractor is the one who commits the actual wrong, the employer is liable, if at all, only vicariously. One of the main questions becomes not whether the injured party shall recover, but from whom he shall recover. This is the question examined here.

Third Party Actions Against Co-Employees, John E. Martindale

Cleveland State Law Review

Industrial injuries involving intentional torts or situations where the workmen's compensation statute has not been complied with by the employer may, in many cases, relieve the plaintiff of the restrictions placed on his common law rights. It is not our purpose here to explore these exceptions, but to define the extent to which a right of action exists against the coemployee tort-feasor who is clearly within the course and scope of his employment when he inflicts the injury on his fellow worker.

New Common Law Dramshop Rule, Stephen J. Cahn

Cleveland State Law Review

The Supreme Court of New Jersey in the recent case of Rappaport v. Nichols' has announced a doctrine of common law liability of tavern keepers very much contra to the existing law as presently understood and applied by the vast majority of the courts of this country. This decision, if indicative of a trend, will serve to impose liability upon tavern keepers where previously it appears that none has existed in the absence of statute.

Interference With Land Access By Parked Vehicles, Janet Eterovich

Cleveland State Law Review

One of the most important rights of the motorist is his right (some say privilege) to park on the street and highway. This right is very limited, however. It is restricted by the traffic regulations and nuisance statutes enacted and enforced in the various states under their police power to protect the health, safety and general welfare of their citizens. Those most interested in the motorist's right to park are other motorists and landowners whose property abuts on the highways. The rights and remedies of these parties determine the scope of this review.

Labor Union Tort Liability, William J. Hotes

Cleveland State Law Review

One of the major problems in determination of labor union tort liability is the extent of federal pre-emption of labor law matters-does it preclude either state legislation or court action where interstate commerce is affected?

Torts--Right Of Privacy, Durward W. Caudill

Kentucky Law Journal

No abstract provided.

Extension Of Absolute Privilege To Executive Officers Of Government Agencies - Barr V. Matteo, Jon F. Oster

Maryland Law Review

No abstract provided.

Legislation - Survey And Analysis Of Criminal And Tort Aspects Of Shoplifting Statutes, Wilbur J. Markstrom S.Ed.

Michigan Law Review

Shoplifting not only results in heavy financial losses for the merchant but also poses special problems in criminal law and general law enforcement. One such problem arises from the fact that most such thefts involve relatively small amounts, with the result that the public does not seem extremely concerned about the matter when an individual case comes up for prosecution. Another peculiar difficulty is that perhaps more than any other single crime shoplifting is an offense committed by amateurs, both adult and juvenile. This serves to make both detection and prosecution difficult. Finally, the right of the individual to be …

Torts - Invasion Of Privacy - Conduct Of A Debt Collector, Russel A. Mcnair Jr.

Michigan Law Review

In an action for the balance due on account for merchandise purchased defendants counterclaimed for damages alleging that an agent of the plaintiff, on three separate days, went to the restaurant where the defendant-wife worked as a waitress and in a loud and degrading manner made demands that defendants pay the account. On each occasion many customers were present. Plaintiff's agent accused the defendants of being "dead beats" and of never intending to pay for the merchandise when it was purchased. The trial court sustained plaintiff's demurrer to this counterclaim. On appeal, held, reversed and remanded. Conduct of a …

Application Of The Cost And Value Theories In Measuring Contractor's Liability, William M. Dishman Jr.

Kentucky Law Journal

No abstract provided.

Contribution And Indemnity Among Joint Tortfeasors In Kentucky, Billy R. Paxton

Kentucky Law Journal

No abstract provided.

Municipal Corporations--Constitutional Law--Liability Of Employees, Burke B. Terrell

Kentucky Law Journal

No abstract provided.

Torts--Contributory Negligence--Effect Of The Violation Of Statute By An Eight-Year-Old Child, Frank N. King Jr.

Kentucky Law Journal

No abstract provided.

Torts--Joint Tortfeasors--Apportionment Of Damages By Degrees Of Negligence, Jackson W. White

Kentucky Law Journal

No abstract provided.

Torts--Proximate Cause--Liability Of Vendor Of Intoxicating Liquors To Third Persons, Whayne C. Priest Jr.

Kentucky Law Journal

No abstract provided.

Speaking Of Torts, Walter Probert

Kentucky Law Journal

No abstract provided.

Diab V. Attorney General, Moshe Silberg, Moshe Smoira, Alfred Witkon

Translated Opinions

The appellant was charged and convicted under section 53(a) of the Criminal Code Ordinance, 19361), with promoting civil war in that being a resident of Israel, he left the country, enlisted in an Arab "army" and served in it against Israel during the Arab-Israel War. The appellant contended that the acts with which he was charged did not constitute the offence described in the section which refers only to a civil war in the sense of a fight between residents within the State.

Held: That although the war in which the appellant had participated was not a civil war, and …

Torts--Wrongful Death--Suicide Actionable Where Induced By Defendant, O. A. J.

West Virginia Law Review

No abstract provided.

Torts--Warranty Of Vendor For Latent Defects In Chattel Manufactured By Third Person, L. O. H.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, W. E. M.

West Virginia Law Review

No abstract provided.

Admiralty - Collision - Last Clear Chance, Erik Stapper

Michigan Law Review

The City of Calcutta anchored in the navigation channel as an emergency precaution on a foggy night. The vessel was hit by a scow in tow of the tug Brooklyn, whose navigator had observed the anchored ship for ten minutes. The scow sank and its owner sought to hold the City of Calcutta liable for failure to get underway after the fog had lifted. Held, libel dismissed. Even if the Calcutta was remiss in not moving, no liability could attach because the Brooklyn had the last clear chance of avoiding the accident. Arundel Corp. v. The City of …

Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel

Michigan Law Review

Plaintiff, a member of the crew of a fishing vessel, sustained injuries while disembarking when he slipped on a slimy substance on the ship railing. In an action brought against the shipowner, the seaman sought recovery on three alternative grounds: first, under the Jones Act based upon negligence; second, under general maritime law based upon the obligation of the shipowner to furnish a seaworthy vessel; third, under general maritime law for maintenance and cure. Judgment was entered pursuant to a verdict limiting the seaman to recovery for maintenance and cure. On the seaman's appeal from the adverse verdict on the …

Torts - Libel And Slander - Absolute Privilege For Press Release Of Lower Federal Officer, James S. Leigh S.Ed.

Michigan Law Review

Respondents, former employees of the Office of Rent Stabilization, brought a libel action against petitioner, the acting director of the office. The alleged libel was contained in a press release issued by petitioner in which he announced his intention to suspend respondents because of acts for which the office had been severely criticized by the Senate and press. The district court instructed the jury to find for plaintiffs if the release was defamatory. On appeal from judgment for plaintiff, the Court of Appeals for the District of Columbia affirmed. On certiorari, the United States Supreme Court remanded for consideration of …

Book Reviews, John C. Wahlke, Walter P. Armstrong, Jr.

Vanderbilt Law Review

The State Legislative Institution By Jefferson B. Fordham Philadelphia: University of Pennsylvania Press. 1959. Pp. 109.

reviewer: John C. Wahlke

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Handling Accident Cases By Albert Averbach Rochester: The Lawyers Co-operative Publishing Co. 1958. Pp. xii, 1505.

reviewer: Walter P. Armstrong, Jr.

Negligence Liability Of Artisans And Tradesmen, Jerry L. Moore

Vanderbilt Law Review

The purpose of this Note is to examine certain aspects of the tort liability of nonprofessional persons who engage in a trade or craft which requires skill and abilities not ordinarily possessed by the average man. Since, with such a wide range of subjects, an adequate treatment of all the problems peculiar to each trade would require volumes, it is necessary at the outset to place rather narrow limitations on the scope of this analysis. Perhaps it is best to define the outside limits in the form of two "issues" as follows. When a person engages in a certain trade …

Admiralty - Limitation Of Liability - Right Of Vendor Of Chattel To Limit Liability, Bruce L. Bower S.Ed.

Michigan Law Review

The United States sold a steam tanker to S corporation and S delivered the vessel to T corporation for repairs. While it was moored at T's pier there was an explosion on board which caused extensive damage to the vessel and killed or injured fifty-two persons. T filed a libel against the United States alleging that at the time of the sale to S the United States also had sold, by a separate contract, a quantity of oil located in the vessel. The libelant further alleged that the United States, having represented the oil to be of one type …