Law Commons^™

Negligence - Proximate Cause - Liability Of Saloon Keeper For Liquor Sale Against Wife's Notice, Stephen C. Bransdorfer

Michigan Law Review

A wrongful death action was brought by the widow and children of a deceased patron of defendant's saloon, the patron having been fatally injured in a fall while engaged in fisticuffs after consuming liquor sold by defendant. Plaintiffs alleged that defendant knew that deceased became belligerent when intoxicated and that sales were made despite widow's prior request that liquor not be furnished to deceased husband in sufficient quantity to cause intoxication. The trial court sustained a demurrer without leave to amend and gave judgment for defendant. On appeal, held, reversed; the trial court abused its discretion. Cole v. Rush …

Varying Tests For Insanity - Salinger V. Superintendent Of Spring Grove State Hospital, Mathias J. Devito

Maryland Law Review

No abstract provided.

Imputing Parental Negligence To Bar Recovery By An Infant, Samuel D. Hill

Maryland Law Review

No abstract provided.

Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald

Cleveland State Law Review

The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …

Agency--Liability Of National Oil Companies For Torts Of Service Station Operators, George D. Schrader

Kentucky Law Journal

No abstract provided.

Degrees Of Negligence--Negligence Per Se--Excused Violations Of Ordinance, Wayne J. Carroll

Kentucky Law Journal

No abstract provided.

Federal Procedure - Venue In Third-Party Tort Actions Against The United States, Robert B. Olsen S.Ed.

Michigan Law Review

Plaintiff sustained serious injuries when he was struck by a mail pouch thrown from defendant's moving train by a United States mail clerk. Action was was brought against the railroad in the District Court for the Western District of Oklahoma, whereupon the railroad filed a third-party complaint against the United States, alleging negligence on the part of the mail clerk. The United States moved for a dismissal on the ground that both plaintiffs residence and the situs of the injury were in the Eastern District of Oklahoma; since the venue provisions of Title 28, U.S.C. (1952) §1402(b) prescribe that tort …

Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld

Michigan Law Review

A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …

Integrity Of The Bottle, Henry V. Pennington

Kentucky Law Journal

No abstract provided.

Torts--Scope Of Discretion Of County Court In Licensing Drive-In Theaters, Thomas A. Mitchell

Kentucky Law Journal

No abstract provided.

Negligence Claims Between Parent And Child, Carl W. Turner

Kentucky Law Journal

No abstract provided.

Res Ipsa Loquitur As Applied To Multiple Defendants, William C. Brafford Jr.

Kentucky Law Journal

No abstract provided.

Misrepresentation--Basis Of Liability--Damages At Law And Equitable Rescission In Kentucky, Robert A. Palmer

Kentucky Law Journal

No abstract provided.

Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.

Michigan Law Review

Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …

Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.

Michigan Law Review

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …

Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.

Michigan Law Review

Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT

CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX

CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER

DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT

DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE

FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS

INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES

NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS

NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT

SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER

TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …

Admiralty - Warranty Of Seaworthiness - Extension To Injury Caused By Appliance Not In Control Of Shipowner, George S. Flint S.Ed.

Michigan Law Review

Libellant, a longshore foreman for a stevedoring company loading petitioner's ship, was injured when a snatch block broke, causing some loading gear to fall upon his leg. Conflicting evidence in the lower court was resolved by the trial judge, who found that the snatch block was supplied by the stevedoring company. On the basis of this finding, the trial court held that neither the ship nor its appliances were unseaworthy, and that libellant could not recover against the shipowner. The court of appeals reversed and remanded the cause for determination of damages. On certiorari to the Supreme Court, held, …

Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.

Michigan Law Review

The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.

Torts—Subterranean Trespass, Vincent A. Delorio

Buffalo Law Review

Phillips v. Sun Oil Co., 307 N. Y. 328, 121 N. E. 2d 249 (1954).

Torts—Emergency Doctrine, Vincent A. Delorio

Buffalo Law Review

Meyer v. Whisnant, 307 N. Y. 369, 121 N.E. 2d 372 (1934).

Torts—Liability Of State To Users Of Highways, Vincent A. Delorio

Buffalo Law Review

Canepa v. State, 306 N.Y. 212, 117 N. E. 2d 550 (1954).

Torts—Liability Of State To Users Of Land It Possesses, Vincent A. Delorio

Buffalo Law Review

Le Roux v. State, 307 N.Y. 397,. 121 N.E. 2d 386 (1954).

Torts—Wrongful Death, Vincent A. Delorio

Buffalo Law Review

Wank v. Ambrosino, 307 N. Y. 321, 121 N. E. 2d 246 (1954).

Atia V. Rosenbaum, Zvi Berinson, David Goitein, Moshe Landau

Translated Opinions

The plaintiff was employed by the defendant to work an electrically-driven wool-teasing machine. On January 17, 1951 the plaintiff was cleaning the machine when his hand got caught and, before it could be released, was seriously injured. The plaintiff sued the defendant for damages for negligence and breach of the statutory duty to fence securely every dangerous part of any machinery or to provide the other safety measures set out in s. 18(1) of the Factories Ordinance, 1946

The Court of first instance, in dismissing the claim, held that there had been no breach of statutory duty because the employer …

Torts -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There were over forty appellate decisions during the past year in the field of Torts. All but about half a dozen of these involved Negligence, and half of the Negligence cases involved traffic accidents. A reading of this latter group is well calculated to induce an automobile driver to use more care in the future.

In the great majority of Negligence cases the defendant owes the plaintiff a duty to use care. As Judge Howard expressed it in Monday v. Millsaps: "Whenever one person is by circumstances placed in such a position with regard to another that it is obvious …

Local Government Law -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Tort Liability: The case of Bricker v. Sims' was one of four cases tried together involving the tort liability of a city and its officers. The Board of Aldermen of the City of Martin adopted a curfew ordinance prohibiting any person from being on a public street or other public place after 11:00 o'clock at night. Plaintiff, while conducting himself in an otherwise lawful manner, was arrested on the public streets of Martin after the curfew hour; he was jailed and the next day was convicted and fined in the city court. Upon appeal to the circuit court the case …

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

The Effect Of The Palsgraf Doctrine In Indiana

Indiana Law Journal

No abstract provided.

Selecting A Tort Casebook, Peter Ward

Journal of Legal Education

No abstract provided.