Law Commons^™

Torts - Comparative Negligence - Evaluation, Arthur R. Flores

Villanova Law Review (1956 - )

No abstract provided.

An Ancient Therapy Still Applied: The Silent Medical Treatment, Melvin M. Belli

Villanova Law Review (1956 - )

No abstract provided.

Torts - Malpractice - Medicolegal Relations - Expert Testimony, Francis R. O'Hara

Villanova Law Review (1956 - )

No abstract provided.

Taxable Status Of Business Tort Recoveries, Marvin I. Kelner

Cleveland State Law Review

More neglected perhaps than any other area of tax law that comes to the attention of the practicing lawyer is the taxability of damages. Damages, of course, represent the largest class of relief sought in the courts. This discussion will be limited to the taxable status of recoveries received from business torts, an area of much controversy today.

Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut

Cleveland State Law Review

The Internal Revenue Code enacted in 1954 has continued the 1939 Code provision of law that damages received, whether by suit or agreement, for personal injuries or sickness, are exempt from the Federal income taxation, by providing that such awards are specific exclusions from gross income. In light of this, many defense attorneys engaged in suits of such nature are asking the courts to instruct the jury of such provision, or in their closing arguments mentioning the same. The introduction of the provision in closing arguments has been the cause of many appeals and subsequent reversals due to prejudicial error.

Wrongful Death Acts Compared Briefly, Robert J. Sawyer

Cleveland State Law Review

The right of action for wrongful death was not seriously considered by the common law courts until 1846. It has not been given protection by most of our state constitutions despite the fact that the Federal Constitution has guaranteed life, liberty, and the pursuit of happiness. However, most states have enacted "Wrongful Death" statutes to allow protection to their inhabitants. In order for the next of kin to damages in a Wrongful Death action, there must be shown a relationship to the deceased. The fact must be established that there was an interest akin to insurable interest in the deceased, …

Newspaper Libel, Marcus D. Gleisser

Cleveland State Law Review

Cases to be cited below in this article will show that libel's line of danger in many instances is vague even to legal experts with specialized training and ample time for research and meditation. For journalists in their ceaseless race against time, and harried by competition, perforce relying on many sources for valuable information, the phantom of libel can be most troublesome.

Nuisance In A Nutshell, Howard L. Oleck

Cleveland State Law Review

Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.

Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg

Cleveland State Law Review

Can an automobile guest-host relation terminate en route after the beginning of the journey? In the few cases where this question has been raised, the fact situations usually have contained common characteristics. They often have involved: 1. An initial guest-host relation, 2. Careless or negligent driving on the part of the operator, 3. A demand to be let out of the car by the guest, 4. The ignoring of, or refusal to recognize the validity of such demand by the driver, 5. A subsequent accident resulting in injuries to the guest.

Torts—Attractive Nuisance, Eileen Tomaka

Buffalo Law Review

Levine v. City of New York, 309 N. Y. 88, 127 N. E. 2d 825 (1955).

Torts—Foreseeability Of Injury, Arnold Liberman

Buffalo Law Review

Williams v. New York, 308 N. Y. 548, 127 N. E. 2d 545 (1955).

Torts—Dismissal Of Prima Facie Case Disallowed, Eileen Tomaka

Buffalo Law Review

Flander v. City of Yonkers, 309 N. Y. 114, 127 N. E. 2d 838 (1955).

Torts—Burden Of Proof, Richard C. Wagner

Buffalo Law Review

Cole v. Swagler, 308 N. Y. 325, 125 N. E. 2d 592 (1955).

Hospital Tort Liability, Aaron Jacobson

Cleveland State Law Review

Public Benefit Activities of a hospital, university or welfare agency have been looked upon with special favor by the law for many decades-a genuine kind of legalistic paternalism. They being institutions of beneficent motive, the policy of the judiciary has been to aid them through notable departures from the rules. Arguments to the contrary met a stone wall of "public policy." One such departure is exemplified in the immunity from liability for the tortious conduct of their employees that hospitals have enjoyed. Thus, a patient injured through negligence while in the care of a hospital often had no recourse, no …

Rationale Of Valuation Of Foreign Money Obligations, Charles Evan

Michigan Law Review

What then should a creditor of a foreign money obligation collect where there was a delay in payment? When are damages for depreciation of foreign money recoverable? As of what time and in what currency are they to be computed? How is the value of a foreign money obligation to be measured where no damages may be had? The answers to these and other incidental questions require a thorough analysis of certain features peculiar to the law of money.

It is the purpose of this article to clarify these problems, to sum up the primary principles by which they are …

Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker

Michigan Law Review

According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …

Torts - Master And Servant - Payment Of Social Security Tax As Evidence Of Relationship, Irving L. Halpern S.Ed.

Michigan Law Review

Plaintiff's decedent was killed when his tractor-truck collided with an automobile driven by defendant's salesman. In an action to recover damages for the death of decedent, the trial court submitted to the jury, as evidence bf a master-servant relationship, the payment of social security taxes by the defendant on behalf of the salesman. Judgment was rendered for the plaintiff. On appeal, held, the record of social security payments by defendant on behalf of its salesman was properly submitted to the jury as evidence of a master-servant relationship. Peetz v. Mazek Auto Supply Co., (Neb. 1955) 70 N.W. (2d) …

Municipal Corporations - Statutory Liability For Mob Violence - Definition Of Correctional Power, Nathan B. Driggers

Michigan Law Review

On August 12, 1947 eight Negro families moved into a Chicago public housing development which was occupied largely by white families. On the evening of August 14, several thousand people, protesting the Negro intrusion, congregated in the area, blocking traffic and brandishing bats, bricks, and stones. A large number of policemen were on duty at the scene. The automobile of the plaintiff, a Negro, was intercepted at an intersection by the crowd which began throwing bricks at the occupants of the car. The plaintiff was struck by one missile and suffered severe physical injury. He brought suit against the city …

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Torts And The Atom: The Problem Of Insurance, Charles M. Cable, William N. Early

Kentucky Law Journal

No abstract provided.

Master And Servant--Liability Of Master For Sanctioned Horseplay Of Servant, Dale Nathan

Kentucky Law Journal

No abstract provided.

Torts--Fraud--Misrepresentation By Nondisclosure, Luther House

Kentucky Law Journal

No abstract provided.

Should Tax Exemption Of Tort Recoveries Be Considered By The Jury?, Eugene C. Roemele

Kentucky Law Journal

No abstract provided.

Torts--Municipal Corporations--Duty To Protect An Informer, G. Wayne Bridges

Kentucky Law Journal

No abstract provided.

Torts--Libel--Fair Comment By A Newspaper When A Person Is Accused Of Crime, Robert A. Palmer

Kentucky Law Journal

No abstract provided.

Torts--Libel--Privilege To Publish A Defamatory Grand Jury Report, Tom Soyars

Kentucky Law Journal

No abstract provided.

Torts--Negligence--Wrongful Death Actions For Prenatal Injury, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.

Federal Courts--Jurisdiction Of Trespass And False Imprisonment, J. W. P.

West Virginia Law Review

No abstract provided.

Negligence--Distinction Between Proximate Cause And Condition, C. S. Mcg.

West Virginia Law Review

No abstract provided.

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …