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Articles 7501 - 7530 of 9019

Full-Text Articles in Law

Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed. Feb 1958

Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.

Michigan Law Review

Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …

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Negligence - Duty Of Care - Effect Of Time Lapse On Manufacturer's Duty, John Paul Williams Feb 1958

Negligence - Duty Of Care - Effect Of Time Lapse On Manufacturer's Duty, John Paul Williams

Michigan Law Review

Plaintiff suffered injuries when the fly wheel on a truck he was driving gave way, causing the truck to crash. He brought an action in damages against defendant, manufacturer of the truck, alleging defective design and manufacture of the fly wheel. The truck had been safely used for at least five years prior to the accident and had been driven 200,000 to 400,000 miles during that period. On defendant's motion for directed verdict, held, granted. There is no evidence whatever that the defendant failed to exercise reasonable care. Also, use of the truck for five years results in a …

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Torts - Libel And Slander - Effect Of An Unsustained Plea Of Truth, Frank D. Jacobs Feb 1958

Torts - Libel And Slander - Effect Of An Unsustained Plea Of Truth, Frank D. Jacobs

Michigan Law Review

Plaintiff, superintendent of a state training school for boys, was removed from that office by his superior in the state department of social welfare. The defendant corporation, publisher and owner of two newspapers in the state, published certain articles in its newspapers relating to plaintiff's conduct in office, his management of the school, and his removal from office. Plaintiff brought action of libel. Defendant, in addition to a plea of general issue, filed a plea of truth. The trial court instructed the jury that where truth is pleaded as a defense, but is not successful, such plea will sustain an …

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Meaning Of The Concept Of Exclusive Control In Res Ipsa Loquitur Cases, Morton H. Levy Jan 1958

Meaning Of The Concept Of Exclusive Control In Res Ipsa Loquitur Cases, Morton H. Levy

Buffalo Law Review

Minotti v. The State of New York, 166 N.Y.S.2d 396 (Ct. Cl. 1957).

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Invasion Of Privacy In Debt Collection, James Magavern Jan 1958

Invasion Of Privacy In Debt Collection, James Magavern

Buffalo Law Review

Gouldman-Taber Pontiac v. Zerbst, 100 S.E.2d 881 (Ga. 1957).

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Action For Misrepresentation Barred When Statute Of Frauds Denies Recovery On The Contract, Robert Kaiser Jan 1958

Action For Misrepresentation Barred When Statute Of Frauds Denies Recovery On The Contract, Robert Kaiser

Buffalo Law Review

Cohen v. Pullman Company, 243 F.2d 725 (5th Cit. 1957).

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Breach Of Implied Warranty Of Wholesomeness Of Food By Retailer - Great Atlantic & Pacific Tea Company V. Adams, Roy Dragone Jan 1958

Breach Of Implied Warranty Of Wholesomeness Of Food By Retailer - Great Atlantic & Pacific Tea Company V. Adams, Roy Dragone

Maryland Law Review

No abstract provided.

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Implied Invitation - Crown Cork And Seal Co. V. Kane, Allan B. Blumberg Jan 1958

Implied Invitation - Crown Cork And Seal Co. V. Kane, Allan B. Blumberg

Maryland Law Review

No abstract provided.

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An Attack On The "Twenty-One Year Rule", S. Raymond Dunn Jan 1958

An Attack On The "Twenty-One Year Rule", S. Raymond Dunn

Maryland Law Review

No abstract provided.

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Public Tort Liability Under The Treaty Constituting The European Coal And Steel Community Compared With The Federal Tort Claims Act, Klaus Kautzor-Schroeder Jan 1958

Public Tort Liability Under The Treaty Constituting The European Coal And Steel Community Compared With The Federal Tort Claims Act, Klaus Kautzor-Schroeder

Villanova Law Review (1956 - )

No abstract provided.

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Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle Jan 1958

Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle

Cleveland State Law Review

The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.

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Tort Trends In 1957, Melvin M. Belli Jan 1958

Tort Trends In 1957, Melvin M. Belli

Cleveland State Law Review

This articles discusses trends in tort cases in 1957, including adequate awards, avaition law, jury fixing, the need for medico-legal training, insurance limits, consortium, charitable immunity, assumption of risk, res ipsa loquitur, workmen's compensation, injuries in utero, warranties, interfamilial suits, expert witnesses, dead men's statutes, and personal injury law reform.

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Prenatal Injuries, Andrew L. Johnson Jr. Jan 1958

Prenatal Injuries, Andrew L. Johnson Jr.

Cleveland State Law Review

Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?

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Ftca In A Nutshell, Orville J. Weaver Jan 1958

Ftca In A Nutshell, Orville J. Weaver

Cleveland State Law Review

The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. United States, the United States Supreme Court stated: "The purpose of the Federal Tort Claims Act was to waive the government's traditional all encompassing immunity from tort action and to establish novel and unprecedented governmental liability." This legislation does not create a new cause of action, but merely means that the United States is liable for certain negligent acts in the same manner as is anyone else.

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Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson Jan 1958

Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson

Cleveland State Law Review

It is the purpose of this paper to analyze the grounds upon which charitable institutions have been granted immunity from tort liability, to consider changing conditions and concepts affecting immunity, and finally, to discuss the extent to which the immunity exception should be abandoned.

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Book Review, William Samore Jan 1958

Book Review, William Samore

Cleveland State Law Review

Reviewing William B. Wright, The Federal Tort Claims Act, Central Book Company, Inc., 1957

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Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner Jan 1958

Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner

Michigan Law Review

Defendants contracted to purchase a crop of alfalfa from plaintiff, harvesting and processing to be done by defendants and payment to be ascertained according to the processed weight of the alfalfa. When defendants harvested the entire crop but failed to pay for the major part of it, plaintiff brought action for breach of contract. In addition to the non-payment, plaintiff alleged fraud on defendants' part in falsifying weight records and in otherwise scheming to cheat and defraud him. On defendants' appeal from a judgment including both compensatory and punitive damages, held, affirmed. Although punitive damages are not ordinarily recoverable …

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Constitutional Law - Due Process - Jurisdiction Of State Court Over Nonresident Tortfeasor, J. Martin Cornell Jan 1958

Constitutional Law - Due Process - Jurisdiction Of State Court Over Nonresident Tortfeasor, J. Martin Cornell

Michigan Law Review

The defendant, a resident of Wisconsin, was engaged in the business of selling appliances and sent one of his employees to deliver a gas cooking stove to the plaintiff in Illinois. Claiming that the employee had negligently injured him in unloading the stove, the plaintiff brought action in Illinois, seeking damages of $7,500. A summons was personally served on the defendant in Wisconsin, and the defendant appeared specially, moving to quash the summons on the ground that the Illinois statute, providing for extraterritorial service on any person who commits a tortious act within the state, contravened the constitutions of the …

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Municipal Corporations - Tort Liability - Liability For Torts Committed By Municipal Employees In Exercise Of Governmental Functions, Ralph E. Boches Jan 1958

Municipal Corporations - Tort Liability - Liability For Torts Committed By Municipal Employees In Exercise Of Governmental Functions, Ralph E. Boches

Michigan Law Review

Plaintiff sued the Town of Cocoa Beach for damages for the alleged wrongful death of her husband. Plaintiff's husband had died of smoke suffocation after being locked in a jail which was left unattended by the city jailor. The lower court dismissed plaintiff's complaint. On appeal, held, reversed. A person injured by the negligence of a municipal employee acting within the scope of his employment may recover against the municipal corporation. Hargrove v. Town of Cocoa Beach, (Fla. 1957) 96 S. (2d) 130.

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Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr. Jan 1958

Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr.

Michigan Law Review

Plaintiff purchased a "Lithe-Line" exerciser, a rubber rope forty inches long with a loop on each end, manufactured by defendant Helena Rubenstein, Inc. With the exerciser plaintiff received a leaflet of instructions stating that "anybody" could reduce with it, and containing sketches and descriptions of eight exercises. While plaintiff was lying on the floor with the rope under her feet doing one of the exercises, the rope slipped off her feet and snapped back, hitting her in the eye and causing partial loss of vision. She sued the manufacturer for negligence, alleging that the exerciser was inherently dangerous when used …

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Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse Jan 1958

Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse

University of Richmond Law Review

Wigmore, writing in 1911, said: "The general question... whether an injury caused by the defendant while violating a [criminal] statute is actionable per se is a troublesome one, open to much argument, and not yet settled by any generally accepted principle."

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Torts--Negligence--Invitees And Licensees In Kentucky, Jesse S. Hogg Jan 1958

Torts--Negligence--Invitees And Licensees In Kentucky, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.

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Personal Liabilities An Executor May Incur In Settling Estates In Kentucky, W. Lewis Roberts Jan 1958

Personal Liabilities An Executor May Incur In Settling Estates In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Torts--Blasting--Strict Liability For Concussion Damage, Kenneth B. Kusch Jan 1958

Torts--Blasting--Strict Liability For Concussion Damage, Kenneth B. Kusch

Kentucky Law Journal

No abstract provided.

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Negligence--Proximate Cause--Foreseeability Of Specific Injury, J. S. T. Dec 1957

Negligence--Proximate Cause--Foreseeability Of Specific Injury, J. S. T.

West Virginia Law Review

No abstract provided.

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Negligence--Res Ipsa Loquitor--Possible Relaxation Of The Requirement Of Exclusive Control In Bottled-Beverage Cases, J. E. D. Jr. Dec 1957

Negligence--Res Ipsa Loquitor--Possible Relaxation Of The Requirement Of Exclusive Control In Bottled-Beverage Cases, J. E. D. Jr.

West Virginia Law Review

No abstract provided.

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Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams Dec 1957

Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams

Michigan Law Review

More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …

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Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky Dec 1957

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

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Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed. Nov 1957

Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.

Michigan Law Review

In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …

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Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause Nov 1957

Negligence - Duty Of Care - Liability Of Owner Of Place Of Amusement For Injury To Spectator Caused By Act Of Third Person, Harry D. Krause

Michigan Law Review

Plaintiff, a spectator at a public wrestling match, sustained injuries when another spectator threw a filled Coca-Cola bottle into the crowd. A disturbance had been in progress for several minutes. The guards hired by defendant, the owner of the establishment, had made no effort to stop it. The bottle was grabbed from the tray of a drink vendor who had been instructed to retain all bottles and to serve drinks in paper cups only. The trial court granted a nonsuit. On appeal, held, reversed. The evidence of the owner's negligence in not protecting the spectator from this injury sufficed …

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