Law Commons^™

Contribution: Limitation On The Liability Of One Tortfeasor

Washington and Lee Law Review

No abstract provided.

Book Reviews, Stanley D. Rose, Wallace Mendelson (Reviewer), Lawrence Herman (Reviewer), William R. Anderson (Reviewer)

Vanderbilt Law Review

THE PRESIDENCY OF JOHN ADAMS, THE COLLAPSE OF FEDERALISM, 1795-1800. By Stephen G. Kurtz-- Philadelphia: University of Pennsylvania Press, 1957. Pp. 448. $8.50.

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THE JEFFERSONIAN REPUBLICANS, THE FORMATION OF PARTY ORGANIZATION, 1789-1801. By Noble E. Cunningham, Jr.-- Chapel Hill: University of North Carolina Press, 1957. Pp. x, 279. $6.00.

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THE SUPREME COURT FROM TAFT TO WARREN-- By Alpheus T. Mason-- Baton Rouge: Louisiana State University Press, 1958. Pp. 250. $4.95.

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THE LAW OF AWOL. By Alfred Avins. New York: Oceana Publications, 1957. Pp. xxxi, 288. $4.95. --

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TRAFFIC VICTIMS, TORT LAW & INSURANCE. By Leon Green. …

Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe

Michigan Law Review

Defendant, lessor of a delivery truck, agreed with the lessee to maintain the vehicle in good condition and make regular inspections. The lessee's driver was not to make any repairs or adjustments but was to deliver the truck to the lessor as it needed repairs or as requested for inspection. Two years after the lease was made, plaintiff-driver made a written request to the lessor for repairs to the floor in the driver's compartment. Although plaintiff left the truck overnight with the lessor and made several further requests, the floor was not repaired. One month after notifying the lessor, plaintiff …

Torts--Intervening Cause--Liability Of Original Tortfeasor For Subsequent Damages To Property By A Repairman, A. G. H.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Torts--Assumption Of Risk And Contributory Negligence As Separate Defenses, G. H. A.

West Virginia Law Review

No abstract provided.

Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee

Michigan Law Review

This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Prima Facie Tort: Is Actual Malice Necessary?, Henrik H. Hansen

Buffalo Law Review

Marcus v. Textron, 177 N.Y.S.2d 964 (Sup.Ct. 1958).

The Indiana Guest Statute

Indiana Law Journal

No abstract provided.

Personal Injury Torts Between Spouses, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason

Cleveland State Law Review

It is submitted that if courts are willing to assume the responsibility of imposing liability without fault, they must recognize the importance of holding plaintiffs to the burdens of proof which they have traditionally been required to bear. There is no valid social, economic, or legal theory which justifies a relaxation of these standards of proof under either theory oftort or express warranty. Particularly in the latter instance, where remote purchasers having no contact with the defendant are permitted to maintain actions without a showing of negligence, such relaxation can only encourage a multiplicity of spurious claims.

Liability Of Retailer And Wholesaler, William J. Hotes

Cleveland State Law Review

With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …

Viewpoint Of The Consumer, Catherine H. Hotes

Cleveland State Law Review

When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.

Poisoning By Common Household Products, Robert D. Mercer

Cleveland State Law Review

The danger of poisoning, especially of children, is widespread. In Greater Cleveland, Ohio alone, during 1957 (excluding deaths from automobile accidents) 43 children were accidentally killed. Eleven of those deaths were due to poisoning; all of the children being in the age group from one year to six years. In a recent six-month period the Poison Information Center of The Academy of Medicine of Cleveland received 1,535 calls concerning treatment for accidental poisoning of children. This figure by no means indicates the total number of cases of poisoning that actually occurred. These terrible statistics can be sharply reduced by proper …

Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.

Cleveland State Law Review

This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.

Optometrists' Tort Liability, Gerald F. Sweeney

Cleveland State Law Review

The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.

Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri

Cleveland State Law Review

Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.

Tort Liability Of Hospitals, B. Joan Holdridge

Cleveland State Law Review

In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …

Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.

Nature Of The Problem - What Is Warranty, Lee E. Skeel

Cleveland State Law Review

The ability of the common law to adopt desirable revisions of established legal principles, and yet to maintain stability, has been the basis of its strength as a world legal system. It certainly is desirable to continue the legal principles of express warranty, as defined by the common law, and to hold liable in tort one who induces a sales transaction to his benefit by direct (and untrue) statements to the buyer as to the quality or desirability of the goods sold. It is sound law and logic to permit an action for damages by virtue of the buyer's reasonable …

Advertising Law And Product Liability, Robert B. Dunsmore

Cleveland State Law Review

Perhaps a quick look at the advertising industry will better enable us to form an opinion about the real merits of the liability imposed on a manufacturer as a result of representations made in his advertising.

Food And Drug Allergy Causation And Characteristics, Richard R. Evans

Cleveland State Law Review

It seems strange indeed that common and useful foods at times can do harm and even threaten life rather than sustain it. This is true of both advertised food products and of common, unadvertised foods. Food allergy may produce a variety of symptoms, including reactions involving the skin, the gastrointestinal tract, and the respiratory system; rarely, even severe constitutional shock-like reactions occur.

Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson

Cleveland State Law Review

This paper is a primer for physicians and their counsel, outlining ways of avoiding a malpractice suit and what to expect in court. My first county medical society appointment in 1912 was as chairman of the legislative committee, and in the years intervening I have had wide experience advising doctors, helping defense attorneys, appearing in court many times as an expert witness, and as a defendant. So I speak from experience. The suggestions as to technique are, in the main, from the recordsm of three cases (containing photostatic copies of all office and hospital records, pyelograms, detective reports, etc.), loaned …

Tort Aspects Of Space Technology, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to examine the tort problems connected with space activities.

Exculpatory Clauses In Leases, Margaret Mazza

Cleveland State Law Review

Exculpatory clauses in leases are used in order to free the lessor from liability for his future acts of negligence. For the purpose of this article we will assume that there was a legal duty resting upon the party asserting the clause as a defense. The validity of such a provision then requires a choice between two conflicting policies: (1) a person should be liable for the negligent breach of his duty; (2) a person should have the right to contract freely. The common law developed the rights and duties of the parties in certain relations and determined that damages …

Law Of Manufacturer's Liability, B. Joan Holdridge

Cleveland State Law Review

This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.

New York's Motor Vehicle Accident Indemnification Corporation: Past, Present, And Future, Peter Ward

Buffalo Law Review

No abstract provided.