Law Commons^™

Book Reviews, Samuel M. Fahr, William B. Lockhart, Sanford H. Kadish, Edward C. King, John C. O'Byrne Jr., L. W. Farinholt Jr., Wex S. Malone

Journal of Legal Education

No abstract provided.

Torts - Classes Of Beneficiaries In Death By Wrongful Act Statute, Nancy Coleman Messick

William and Mary Review of Virginia Law

No abstract provided.

Municipal Corporations, Ray Browder

Washington Law Review

Covers cases on tort liability.

Torts, John Piper, Eugene H. Sage

Washington Law Review

Covers cases on contributory negligence as not a defense to wanton misconduct, on res ipsa loquitur in malpractice suits, on the standard of care having retroactive effects on building codes (Piper), on the standard of care required of persons repairing a disabled car on a highway, on conditional privilege in a libel action, and on tort actions for loss of consortium caused by the negligence of a spouse's employer (Sage).

Deutsch V. Attorney General, Shimon Agranat, David Goitein, Yoel Sussman

Translated Opinions

The effect of the provision in section 217 of the Criminal Code Ordinance, 1936, 1) that "an unlawful omission is an omission amounting to culpable negligence to discharge a duty (of care)..." is that a person can be convicted of the offence of manslaughter, defined in section 212 2) as "causing the death of another person by an unlawful act or omission", only where it is proved:

(a) that the lack of care on the part of the accused amounted to "gross negligence", that is to say, was a serious divergence from the standard of reasonable care, and

(b) that …

Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.

Vanderbilt Law Review

The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein

Journal of Legal Education

No abstract provided.

Torts-The Discretionary Function Exception In The Federal Tort Claims Act, Howard A. Cole S.Ed.

Michigan Law Review

The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesmen and legal writers. In response to these attacks and with a view to eliminating the unjust, expensive, and time-consuming method of settling tort claims against the federal government by the private bill method, Congress passed the Federal Tort Claims Act in 1946. The act contained a number of exceptions, the most important of which preserved the immunity doctrine as to any claim arising out of a "discretionary function" of government. A recent decision of the United States Supreme Court illustrates the …

Dalehite V. United States: A New Approach To The Federal Tort Claims Act?, Massillon M. Heuser

Vanderbilt Law Review

The decision for the United States in "Dalehite v. United States,"'though by a closely divided Supreme Court, possibly indicates a turning point in litigation involving the construction of the Federal Tort Claims Act. The trend theretofore had been to expand the concept of suability and liability expressed in the Act. In "United States v. Aetna Casualty and Surety Co." the Court had established the right of an insurer-subrogee to sue in its own name on a portion of a claim arising in favor of the insured-subrogor, despite the Anti-Assignment Statute and the obvious procedural and administrative difficulties not dealt with …

Some Possible New Fields In A Narrowing Act, Ross O'Donoghue

Vanderbilt Law Review

Both Congress and the courts, particularly the Supreme Court, have increasingly tended to narrow the scope of the Tort Claims Act, but within these confines there are certain classes of torts, well-recognized in the common law, which have been little used or totally neglected as the basis for suits. It is the purpose of this paper to suggest some of these and to consider their availability. Of course, such speculation may prove faulty in some cases and overlook others actually available. Prediction in law is a very risky business, so that some of these suggestions will very likely not stand. …

State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb

Vanderbilt Law Review

The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States.

Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was …

Presumption Of Due Care By Decedent: An Anomaly Destroyed, George K. Faler

Washington Law Review

In the recent case of Hutton v. Martin, the plaintiff sued the defendant for wrongful death arising from an automobile collision. The factual issue was whether plaintiff's decedent was contributorily negligent by driving on the wrong side of the road at the time of the accident. There were no eye-witnesses to the accident except the defendant Martin. The trial judge gave the jury the following instruction: "You are instructed that when a person is injured and dies as a result of a collision, a presumption arises that the person killed was at the time exercising due care and that he …

Claims Against States, Leslie L. Anderson

Vanderbilt Law Review

In 1924, commencing a leading series of articles on "Government Liability in Tort," Professor Edward M. Borchard referred to what he called the "unexampled expansion of the police power in the United States." He wrote of the increasing risks which individuals in this country are left to bear from "defective, negligent, perverse or erroneous administration" of the functions of government. If those functions had increased at a considerable rate at the time of his article, what would one say of their extent today? Even the leaders of the New Deal discerned the risks to which increased governmental activity subjected people, …

Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton

Vanderbilt Law Review

Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally …

Federal Tort Claims Act And French Law Of Governmental Liability: A Comparative Study, Sidney B. Jacoby

Vanderbilt Law Review

Governmental liability for tort seems to be a field in which a comparative study is particularly appropriate. The subject is a segment of legislative reforms in which the influence of foreign systems has been marked. Highly developed foreign systems, especially the French, played their role in the demands among scholars for legislative reforms. The late Professor Edwin Borchard of Yale Law School, for many years one of the chief sponsors of federal legislation, made detailed studies of the foreign laws of governmental responsibility for tort.'

Book Reviews, Ferdinand F. Stone, Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker

Liability Of Tavernkeeper For Subsequent Act Of Intoxicated Patron - State V. Hatfield

Maryland Law Review

No abstract provided.

Amusement Parks - Liability Of Owner For Injury On Concessionaire's Device - Kuhn V. Carlin

Maryland Law Review

No abstract provided.

Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.

Michigan Law Review

Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …

A Note On The Distinction Between Oral And Written Defamation, Jack G. Day

Cleveland State Law Review

It may be true, in the main, that the life of the law, "has not been logic; it has been experience." Nevertheless, the Courts occasionally develop rules of law with no apparent animation from either. An Ohio decision, Pecyk Adm. v. Semoncheck, furnishes a recent example of one such development and the provocation for yet another examination of the basis for the distinction between written and oral defamation.

Tort Actions Between Husband And Wife, William J. Briggs

Kentucky Law Journal

No abstract provided.

Torts--Intervening Negligent And Intentional Acts As Relieving A Negligent Actor From Liability, Thomas A. Mitchell

Kentucky Law Journal

No abstract provided.

Tort Liability To Third Parties Arising From Breach Of Contract - Otis Elevator Company V. Embert

Maryland Law Review

No abstract provided.

Contribution - Methods Of Enforcing - O'Keefe V. Baltimore Transit Co.

Maryland Law Review

No abstract provided.

Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.

Michigan Law Review

The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …

Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein

Michigan Law Review

Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …

Torts--Negligence--Duty Of A Donor Of An Automobile--Estes V. Gibson, C. Gibson Downing Jr.

Kentucky Law Journal

No abstract provided.

Torts--Licensees And The Duty Owed Them, Tom Soyars

Kentucky Law Journal

No abstract provided.

Torts—Sufficiency Of A Pleading, Irwin N. Davis

Buffalo Law Review

Rager v. McCloskey, 305 N. Y. 75, 111 N. E. 214 (1953).