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Articles 7471 - 7500 of 9019
Full-Text Articles in Law
Torts -- 1958 Tennessee Survey, John W. Wade
Torts -- 1958 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The number of torts cases was somewhat less this year than in past years, being below the forty figure rather than above it. There were no particularly significant legal developments in the field. Perhaps the cases indicate, however, a developing fashion in automobile negligence actions. At least four of the cases seem to have been brought for whiplash injuries.'
Problems Under The Uniform Single Publication Act
Problems Under The Uniform Single Publication Act
Washington and Lee Law Review
No abstract provided.
Conflict Of Laws In Insurance Coverage Of Interspousal Torts
Conflict Of Laws In Insurance Coverage Of Interspousal Torts
Washington and Lee Law Review
No abstract provided.
Torts, Charles J. Mcmurchie
Torts, Charles J. Mcmurchie
Washington Law Review
Covers cases on strict liability disguised in terms of negligence and on false imprisonment—arrest without a warrant in misdemeanor cases.
The Inadequate Award In West Virginia, C. H. B. Jr.
The Inadequate Award In West Virginia, C. H. B. Jr.
West Virginia Law Review
No abstract provided.
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
West Virginia Law Review
No abstract provided.
Torts--Landowner's Liability To Child Trespassers, D. L. Mcc.
Torts--Landowner's Liability To Child Trespassers, D. L. Mcc.
West Virginia Law Review
No abstract provided.
A Comment On The Law Of Torts, Luke K. Cooperrider
A Comment On The Law Of Torts, Luke K. Cooperrider
Michigan Law Review
The recently-published treatise by Professors Harper and James, The Law of Torts, which is the subject of this article is no routine publication. It is not a mere recasting in different language of an already familiar synthesis; nor is it the kind of book one keeps around for casual reference. It is, rather, a statement of a philosophy of tort liability which, by reason of its consonance with much of the currently vocal thought in the field, and by reason of the powers of analysis and expression that the authors have brought to bear, is almost certainly destined to …
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Michigan Law Review
Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Michigan Law Review
''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment absolving it from obligation on an automobile liability insurance policy on the ground that there had been a breach of the cooperation clause. Johnston, the insured, was the driver of a car involved in an accident in Crawford County, Kansas, giving rise to substantial claims by defendant Elliott. At the request of Elliott's attorney, Johnston traveled from his home in Kansas to submit to service of process in Missouri. When plaintiff questioned this behavior, Johnston lied, denying that collusion had prompted his appearance in Missouri. On appeal from summary judgment for plaintiff company, …
Torts - Prima Facie Tort - Liability For Instigation Of Police Investigation Or Prosecution, John H. Jackson
Torts - Prima Facie Tort - Liability For Instigation Of Police Investigation Or Prosecution, John H. Jackson
Michigan Law Review
Plaintiff organized a corporation for the purpose of collecting funds from the public to aid cancer victims. Defendant, well-known columnist engaged in soliciting money for a rival cancer fund, was alleged, inter alia, to have instigated state and federal government investigations and prosecutions that resulted in plaintiff being criminally convicted and subsequently acquitted on a new trial after appeal. As a consequence of these actions, public confidence had been destroyed in plaintiff's cancer fund corporation and it had ceased to function. Plaintiff complained that defendant's actions were done with the intention of harming plaintiff and had resulted in plaintiff's loss …
Municipal Tort Liability: Notice Of Defect—The Sidewalk Cases, Anthony J. Colucci Jr.
Municipal Tort Liability: Notice Of Defect—The Sidewalk Cases, Anthony J. Colucci Jr.
Buffalo Law Review
No abstract provided.
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
West Virginia Law Review
The law today, it would seem, has become, like most professions and sciences a creature of specialization. Not many years ago most practitioners of the law in this country would have considered the general field of negligence a somewhat limited subject. But today, even this small segment of the vast science of law must be divided and subdivided, each individual subdivision being guided by its own special set of rules. Because of this transition from the general to the special, any paper of this sort must be strictly limited in scope. Even the seemingly narrow subject of "attorney negligence” would …
Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P.
Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P.
West Virginia Law Review
No abstract provided.
Allocating Tenant Tort Liability Through The Fire Insurance Policy
Allocating Tenant Tort Liability Through The Fire Insurance Policy
Indiana Law Journal
No abstract provided.
Federal Government Liability "As A Private Person" Under The Tort Claims Act
Federal Government Liability "As A Private Person" Under The Tort Claims Act
Indiana Law Journal
No abstract provided.
Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant
Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant
Michigan Law Review
A Review of Negligence Cases: Winning Strategy. By Harry A. Gair and A. S. Cutler.
Torts - Libel And Slander, Norman A. Crandell
Torts - Libel And Slander, Norman A. Crandell
William & Mary Law Review
No abstract provided.
Book Review Of Cases On The Law Of Torts, Harold F. Mcniece
Book Review Of Cases On The Law Of Torts, Harold F. Mcniece
Journal of Legal Education
No abstract provided.
Book Review Of Commonwealth Cases On Torts, Ross Parsons
Book Review Of Commonwealth Cases On Torts, Ross Parsons
Journal of Legal Education
No abstract provided.
New York Abandons Charitable Immunity Doctrine
New York Abandons Charitable Immunity Doctrine
Washington and Lee Law Review
No abstract provided.
Imputed Negligence And Joint Guardian Statutes
Imputed Negligence And Joint Guardian Statutes
Washington and Lee Law Review
No abstract provided.
Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed.
Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed.
Michigan Law Review
The Anderson Amendments were enacted to encourage private industry to enter the atomic energy field by removing the risk of excessive liability for a major nuclear reactor disaster. Such a disaster could result in liability far in excess of available insurance coverage. The solution provided by the new legislation has three aspects: (1) After private financial protection, geared to the amount of available insurance, is obtained by a person licensed by the Atomic Energy Commission, (2) the Commission will execute an agreement to indemnify (not insure) the licensee and "any other person who may be liable for public liability" to …
Contribution - Joint Liability - Claimant Not A Volunteer But Not Subject To A Common Liability, Melvyn I. Mozinski
Contribution - Joint Liability - Claimant Not A Volunteer But Not Subject To A Common Liability, Melvyn I. Mozinski
Michigan Law Review
A passenger was injured while riding in an automobile driven by D when it collided with a car driven by C. In the passenger's action for damages against C, C cross-complained against D. On the day of trial C settled with the passenger with the knowledge and approval of D. In the ensuing suit for contribution both C and D denied negligence; the jury found that D was negligent and that C was in no way at fault. Since there was no common liability shown, C's claim for contribution was dismissed. C moved to have …
Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.
Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.
Michigan Law Review
Two affiliated German corporations, one of which is the defendant, established a jointly owned subsidiary in New York. Three members of the subsidiary's five-man board of directors are officers or directors of the German parents, while a fourth is a former employee sent to this country to manage the subsidiary. The American company is devoted exclusively to the business of the German parents. It assists in the negotiation of contracts, although it has no power to bind the parents, advises with respect to patents, and makes infrequent sales and purchases. For these services, it receives a flat fee plus a …
Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.
Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.
Michigan Law Review
Plaintiff brought an action under the Federal Employers' Liability Act to recover damages from the defendant employer for an industrial disease allegedly contracted more than three years prior to bringing suit. Plaintiff alleged that defendant misrepresented the time within which this action could be brought and thereby tolled the three-year statute of limitations in the FELA. Held, defendant's motion to dismiss granted. The time limitation is an integral part of the statute creating a substantive right and is not extended by fraud or misrepresentation. Glus v. Brooklyn Eastern District Terminal, (S.D. N.Y. 1957) 154 F. Supp. 863.
Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches
Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches
Michigan Law Review
Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.
Torts - Privacy - Collection Method, Frederic Brace S.Ed.
Torts - Privacy - Collection Method, Frederic Brace S.Ed.
Michigan Law Review
Plaintiff disputed the debt which the defendant corporation asserted against her. Defendant made no attempt to recover this asserted debt by legal action but instead sent a letter to the personnel director of plaintiff's employer. This letter stated that plaintiff had refused to cooperate in reaching an amicable settlement and requested the assistance of the personnel director in collecting this "honest debt." Plaintiff was then summoned to the office of her superior and informed that the letter would be placed in her file and remain there until the asserted indebtedness had been settled. Plaintiff sought damages for an invasion of …