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Articles 7621 - 7650 of 9018
Full-Text Articles in Law
Torts--Intentional--Wrongful Death By Liquor, James H. Byrdwell
Torts--Intentional--Wrongful Death By Liquor, James H. Byrdwell
Kentucky Law Journal
No abstract provided.
Torts--Landowner's Liability To Trespassing Children, Fred F. Bradley
Torts--Landowner's Liability To Trespassing Children, Fred F. Bradley
Kentucky Law Journal
No abstract provided.
Torts--Trespass--Kentucky Eliminates A Strict Liability Rule, Charles E. Goss
Torts--Trespass--Kentucky Eliminates A Strict Liability Rule, Charles E. Goss
Kentucky Law Journal
No abstract provided.
Recent Developments In Torts; Decisions Of The Court Of Appeals At The 1956-57 Terms, Paul Leo Oberst
Recent Developments In Torts; Decisions Of The Court Of Appeals At The 1956-57 Terms, Paul Leo Oberst
Kentucky Law Journal
No abstract provided.
Nuisance--Aesthetic Grounds Held Valid For Injunctive Relief Against Lawful Business, C. H. B. Jr.
Nuisance--Aesthetic Grounds Held Valid For Injunctive Relief Against Lawful Business, C. H. B. Jr.
West Virginia Law Review
No abstract provided.
Negligence - Breach Of Duty - Liability Of Telephone Company For Failure To Relay Fire Alarm, Cyril Moscow S.Ed.
Negligence - Breach Of Duty - Liability Of Telephone Company For Failure To Relay Fire Alarm, Cyril Moscow S.Ed.
Michigan Law Review
Upon discovering a fire within his business building, plaintiff immediately went to the telephone and dialed the operator. After telling her his address and requesting that she call the fire department, he left the telephone to fight the fire. The message was not transmitted. When the fire department finally arrived in response to an alarm by a neighbor, the fire was out of control and the entire building was destroyed. Plaintiff sought damages, alleging that the telephone company held itself out to the public as willing to convey messages in case of emergency, and that failure to transmit his message …
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Michigan Law Review
Plaintiff, while driving an automobile through a tunnel, collided with defendant's truck, which was stopped without lights. The Pennsylvania Vehicle Code requires an operator to drive at such a speed as will enable him to stop within the "assured clear distance ahead." Plaintiff alleged he was temporarily blinded by the sudden change from bright sunlight to the darkness of the tunnel. The jury found for plaintiff, but defendant's motion for judgment n. o. v. was granted. On appeal, held, affirmed, one justice dissenting. Plaintiff's failure to stop his automobile within the assured clear distance ahead constituted contributory negligence as …
Administrative Officers' Tort Liability, Kenneth Culp Davis
Administrative Officers' Tort Liability, Kenneth Culp Davis
Michigan Law Review
Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …
Torts - Nuisance - Personal Annoyance As Sole Injury, Michael Scott
Torts - Nuisance - Personal Annoyance As Sole Injury, Michael Scott
Michigan Law Review
Several thousand sales slips, mistakenly printed to bear plaintiff's telephone number, were supplied to the defendant store and were circulated widely by the latter's employees incident to normal sales transactions. Calls from defendant's customers soon burdened plaintiff's telephone, and despite numerous complaints by plaintiff over a two-year period, defendant refused or neglected to terminate use of the incorrect slips. On appeal from judgment for plaintiff in a suit for damages, held, affirmed. Defendant's acts resulted in an actual invasion of plaintiff's right to enjoy her property without unreasonable interference. Damages for personal annoyance and inconvenience alone are allowable in …
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Michigan Law Review
Plaintiffs were guests riding in defendant's automobile. Defendant stepped out of the vehicle leaving the motor running, the hand brake unset, and the automatic shift in neutral position. A departing passenger brushed against the gear lever and started the vehicle which struck a wall causing injuries to the plaintiffs. On appeal from judgment adverse to the plaintiffs, held, reversed. Defendant may be held liable for ordinary negligence. California's "guest" statute limiting guests to recovery for injuries sustained by the driver's willful misconduct does not apply in this case, since the defendant ceased to be a driver the moment he …
Restitution - Waiver Of Tort And Suit In Assumpsit - Amount Of Recovery Where There Has Been A Sale, Charles B. Renfrew S.Ed.
Restitution - Waiver Of Tort And Suit In Assumpsit - Amount Of Recovery Where There Has Been A Sale, Charles B. Renfrew S.Ed.
Michigan Law Review
In a prior action one of the defendants obtained a judgment against the plaintiff. The present action for conversion was brought because of an allegedly irregular execution sale of plaintiff's business property under that judgment. The trial court granted defendants' motion to dismiss on the ground that the action was barred by the statute of limitations. On appeal, held, affirmed. The applicable statute of limitations was not tolled by fraudulent concealment and plaintiff, having elected his remedy in tort, was not entitled to a trial in an action of assumpsit on the theory of a contract implied by law. …
Torts - Libel And Slander - Calling A Person A Communist As Slader Per Se, Ross Kipka S.Ed.
Torts - Libel And Slander - Calling A Person A Communist As Slader Per Se, Ross Kipka S.Ed.
Michigan Law Review
In an action for slander, plaintiff alleged that on three separate occasions defendant had orally called or referred to plaintiff as a communist. The court rendered judgment against the defendant, holding that calling a person a communist is slander per se. On appeal, held, affirmed. Since membership in the Communist Party is a felony under Pennsylvania statute, falsely referring to a person as being a communist is slander per se. Solosko v. Paxton, (Pa. 1956) 119 A. (2d) 230.
Malka V. Attorney General, Moshe Silberg, Zvi Berinson, David Goitein
Malka V. Attorney General, Moshe Silberg, Zvi Berinson, David Goitein
Translated Opinions
On September 1, 1953, the appellant, who was driving a truck, knocked down a child of two years of age, Shimon Manan, causing a fracture of the arm. The child was taken to hospital where the doctors examined the arm, discovered the fracture, but also found that the fracture was a closed one so that the child's blood had not come in contact with the road. The doctors considered that there was, for this reason, no need to give the child an antitetanus injection, and that in fact it "might have been dangerous to do so. The child remained under …
Torts—Automobile-Owner Indemnification, Tamara Pasichniak
Torts—Automobile-Owner Indemnification, Tamara Pasichniak
Buffalo Law Review
Traub v. Dinzler, 309 N. Y. 395, 131 N.E. 2d 564 (1955).
Torts—Statutory Duty Of Subcontractor, Tamara Pasichniak
Torts—Statutory Duty Of Subcontractor, Tamara Pasichniak
Buffalo Law Review
Rufo v. Orlando, 309 N. Y. 345, 130 N.E. 2d 887 (1955).
The Attractive Nuisance Doctrine
Should A Child Have A Right Of Action Against A Third Person Who Has Enticed One Of His Parents Away From The Home, Joseph F. Nocca
Should A Child Have A Right Of Action Against A Third Person Who Has Enticed One Of His Parents Away From The Home, Joseph F. Nocca
NYLS Law Review
No abstract provided.
Torts—Defamation Per Se, Hugh Russ Jr.
Torts—Defamation Per Se, Hugh Russ Jr.
Buffalo Law Review
Nichols v. Item Publishers, Inc., 309 N. Y. 596, 132 N.E. 2d 860 (1956).
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
Washington Law Review
The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …
The Questionable Status Of The Charitable Immunity, Robert M. Westberg
The Questionable Status Of The Charitable Immunity, Robert M. Westberg
Washington Law Review
Until 1953, charitable corporations in Washington enjoyed a limited immunity from tort liability. Until 1953, the extent of the immunity thus enjoyed was well enough defined so that the practitioner was assured that his predictions as to the outcome of future litigation would be reasonably accurate. However, two recent Washington cases dealing with the charitable immunity doctrine have effected the removal of much of the certainty from this area of the law, and thus prompt an analysis of the charitable immunity and its practical effect today.
Torts -- 1956 Tennessee Survey, John W. Wade
Torts -- 1956 Tennessee Survey, John W. Wade
Vanderbilt Law Review
This year, as in the past several years, there were approximately forty Torts cases. A much smaller number of the cases, however, involved automobile accidents. This is hardly competent evidence that there were fewer accidents, but may perhaps indicate that negligence law is becoming somewhat clearer so that fewer appeals to the higher courts are considered warranted.
Equity -- 1956 Tennessee Survey, Val Sanford
Equity -- 1956 Tennessee Survey, Val Sanford
Vanderbilt Law Review
One of the most important characteristics of the administration of justice in Tennessee is the maintenance of separate courts of law and equity. While numerous statutes have been enacted from time to time in an effort to clarify the jurisdiction of the two courts and the boundaries of their respective jurisdictions have been further defined by the courts, nevertheless, cases are still dismissed because they are brought in the wrong court...
Agency -- 1956 Tennessee Survey, F. Hodge O'Neal
Agency -- 1956 Tennessee Survey, F. Hodge O'Neal
Vanderbilt Law Review
The appellate courts of Tennessee and the United States Court of Appeals for the Sixth Circuit handed down during the survey period a considerable number of interesting and significant cases dealing with the Tennessee law of agency. This article groups the cases and arranges them under topic headings. In most instances, the discussion of the case or cases under a topic heading is preceded by brief background material designed to place the cases in their proper setting and aid the reader in evaluating them.
Local Government Law -- 1956 Tennessee Survey, Joseph Martin Jr.
Local Government Law -- 1956 Tennessee Survey, Joseph Martin Jr.
Vanderbilt Law Review
The scope of local government law covers the problems arising out of the functioning of units of government essentially local in character--the municipality, the county, the school district. Involved are the relations between the unit and its constituents or between the units themselves, the validity of its actions, the status of its officers or employees. In the era of increased government, the impact of this body of law is pervading.
Book Reviews, Edgar Bodenheimer, Joseph P. Witherspoon Jr., Harold D. Lasswell, Mitchell Franklin, Alexander Nekam, Alison Reppy, Page Keeton, Francis A. Allen, J. J. Dukeminier Jr., Maurice Finkelstein
Book Reviews, Edgar Bodenheimer, Joseph P. Witherspoon Jr., Harold D. Lasswell, Mitchell Franklin, Alexander Nekam, Alison Reppy, Page Keeton, Francis A. Allen, J. J. Dukeminier Jr., Maurice Finkelstein
Journal of Legal Education
No abstract provided.
Torts--Attractive Nuisance Doctrine, G. H. W.
Torts--Attractive Nuisance Doctrine, G. H. W.
West Virginia Law Review
No abstract provided.
Negligence--Liability Of Automobile Driver Injuring Others After Sudden Physical Or Mental Incapacitation, G. H. W.
West Virginia Law Review
No abstract provided.
Community Property, William H. Mays
Community Property, William H. Mays
Washington Law Review
Covers cases on tort liability and conflict of laws.
Damages, Gordon L. Walgren
Damages, Gordon L. Walgren
Washington Law Review
Covers cases on punitive damages—"willfulness" of tort feasor.
Torts, Betty B. Fletcher, Luzerne E. Hufford Jr., Lewis Guterson
Torts, Betty B. Fletcher, Luzerne E. Hufford Jr., Lewis Guterson
Washington Law Review
Covers cases on negligence—apportionment of damages between negligent and innocent acts of one defendant (Fletcher); negligence—agent's duty toward third persons (Hufford); and libel—misstatements to the general public concerning public officers (Guterson).