Law Commons^™

Defamation In Political Radio Broadcasts: More Grist For The Mill, David C. Fielding

Buffalo Law Review

Lamb v. Sutton, 164 F.Supp. 928 (M. D. Tenn 1958).

Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan

Cleveland State Law Review

Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …

Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe

Cleveland State Law Review

The legal criterion by which fraudulent or predatory motivation is judged is not the "conscience" of the actor. Rather the external manifestations of conscience constitute the test of this motivation. Conduct, rather than subjective thought, is most frequently the standard or test employed by the community. In modern legal systems, conduct is of small significance unless it has some outward consequence which is actually or potentially harmful to the actor or others; fraud is such a consequence.

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

Agency--Automobile Tort Liability Of The Minor Principal, Wilbur D. Short

Kentucky Law Journal

No abstract provided.

Automobiles--Family Purpose Doctrine--Consent Of Owner, Charles E. English

Kentucky Law Journal

No abstract provided.

Tort--Negligence--Manufacturer's Liability--Termination Of Risk, K. Sidney Neuman

Kentucky Law Journal

No abstract provided.

Tort--Automobiles--Recovery By Wife-Passenger Against Husband-Driver, Edgar Alfred Smith

Kentucky Law Journal

No abstract provided.

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.

West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis

West Virginia Law Review

Judicial compensation for accidental injuries is grounded upon legal fault. Assessment of fault involves not only finding the facts concerning actions of the parties, but also evaluation of their conduct. Determination is made whether the behavior is justified and, consequently, does not give rise to recovery, or whether it should be condemned, thus serving as a basis for compensation. This, the ethical portion of the problem of negligence liability, is performed by comparing the actions of a party with those of a hypothetical person, the reasonable man of ordinary prudence, acting under similar circumstances. The infinite variety of fact patterns …

Tort Liability For Radiation Injuries, E. Blythe Stason

Vanderbilt Law Review

The discovery that atomic chain reaction will produce substantial quantities of heat together with highly radioactive by-products gives rise to anticipation of an entirely new technology and of many newlines of industrial, medical, and agricultural endeavor. In due course widespread use will be made of the potentialities of this new source of energy.At the same time the likelihood of personal and property injuries resulting from overexposure to radiation brings about a new hazard against which protection must be afforded so far as it is possible to do so. The health and safety codes that are now being formulated at national, …

Air Law - Imputed Negligence - Liability Of Airplane Owner For Negligence Of Pilot, George E. Lohr S.Ed.

Michigan Law Review

Plaintiff, passenger in an airplane owned by defendant as proprietor of the flight school and piloted by a flight trainee with defendant's permission, suffered injuries in a crash allegedly caused by the negligence of the pilot and brought this action against defendant owner to recover damages. The trial court sustained defendant's motion to dismiss the complaint. On appeal, held, reversed and remanded for new trial. If the allegations of negligence of the pilot are found to be true, defendant would be liable for plaintiff's injuries even though he was not in actual control of the airplane. The governing statutory …

Torts—Damage To Property From Surface Water Of Neighboring Lands, Buffalo Law Review

Buffalo Law Review

Kossoff v. Rathgeb-Walsh, Inc., 3 N.Y.2d 583, 170 N.Y.S.2d 789 (1958).

Torts—Negligence—City Not Liable For Death Of Pedestrian Forced Into The Street By Sidewalk Obstruction, Buffalo Law Review

Buffalo Law Review

Morello v. Brookfield Construction Co., 4 N.Y.2d 83, 172 N.Y.S.2d 577 (1958).

Torts—Prima Facie Tort, Buffalo Law Review

Buffalo Law Review

Brandt v. Winchell, 3 N.Y.2d 628, 170 N.Y.S.2d 828 (1958).

Torts—Contributory Negligence Of Decedent In Wrongful Death Action, Buffalo Law Review

Buffalo Law Review

Fields v. City of New York, 4 N.Y.2d 334, 175 N.Y.S.2d 32 (1958).

Torts—Damages Recoverable For "Cancerophobia"' Caused By Negligence, Buffalo Law Review

Buffalo Law Review

Ferrara v. Galluchio, 5 N.Y.2d 16, 176 N.Y.S.2d 996 (1958).

Torts—Statutory Liability Without Fault—Per Curiam, Buffalo Law Review

Buffalo Law Review

Smulczeski v. City Center of Music and Drama, 3 N.Y.2d 498, 169 N.Y.S.2d 1 (1957).

Torts—Liability Of State For Absence Of Highway Warning Signs, Buffalo Law Review

Buffalo Law Review

Hicks v. State, 4 N.Y.2d 1, 171 N.Y.S. 827 (1958).

Torts—Duty Of Employer To Provide Safe Premises For Employees, Buffalo Law Review

Buffalo Law Review

Zucchelli v. City Construction Co., 4 N.Y.2d 52, 172 N.Y.S.2d 139 (1958).

Torts—Action On Fraudulent Promise Not Barred By Statute Of Frauds, Buffalo Law Review

Buffalo Law Review

Channel Master Corp. v. Aluminium Limited Sales, Inc., 4 N.Y.2d 403, 176 N.Y.S.2d 259 (1958).

Torts—Replevin—Unlawful Detention Of Property, Buffalo Law Review

Buffalo Law Review

Michalowski v. Ey, 4 N.Y.2d 277, 174 N.Y.S.2d 4 (1958).

Torts—Negligence In Supervision Of Pupils During Recess, Buffalo Law Review

Buffalo Law Review

Decker v. Dundee Central School D istrict, 4 N.Y.2d 462, 176 N.Y.S.2d 307 (1958).

Torts—Negligence—Prima Facie Case, Buffalo Law Review

Buffalo Law Review

Lubelfeld v. City of New York, 4 N.Y.2d 455, 176 N.Y.S.2d 302 (1958).

Torts—Loss Of Consortium As Element Of Damages, Buffalo Law Review

Buffalo Law Review

Kronenbitter v. Washburn Wire Co., 4 N.Y.2d 524, 176 N.Y.S.2d 354 (1958).

Torts—Duty Of Property Owner To Licensee, Buffalo Law Review

Buffalo Law Review

Krause v. Alper, 4 N.Y.2d 518, 176 N.Y.S.2d 349 (1958).

Torts—Unfair Business Competition, Buffalo Law Review

Buffalo Law Review

Town and Country House and Home Service v. Newberry, 3 N.Y.2d 554, 170 N.Y.S.2d 328 (1958).

Agency--1958 Tennessee Survey, Edward R. Hayes

Vanderbilt Law Review

Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'

=================

In Smith v. Phillips a pick-up truck, registered …

Conflict Of Laws -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The requirement of residence in the Tennessee divorce statutes'has been construed to mean domicile. Two cases during the Survey period raise the issue of domicile in this connection. In Bernardi v.Bernard is the question was whether a member of the armed services had acquired a domicile in the state...

================================

Torts.-In Schenk v. Gwaltney the court followed the usual rule of choice of law in torts cases. An automobile accident having happened in Indiana, the Indiana automobile guest statute was held to apply, though the court intimated that if the accident had occurred in Tennessee where there was no such …