Law Commons^™

Torts—Vicarious Tort Liability, Irwin N. Davis

Buffalo Law Review

Sauter v. New York Tribune Inc., 305 N. Y. 442, 113 N. F_. 2d 790 (1953).

Torts—Foreseeable Consequences, Irwin N. Davis

Buffalo Law Review

Owen v. Rochester-Penfield Bus Co., 304 N. Y. 457, 108 N. E. 2d 606 (1952).

Tort—Supreme Court Extends Immunity For Discretionary Function To Government Manufacturing, Anthony J. Vaccaro

Buffalo Law Review

Dalehite v. United States, 346 U. S. 15 (1953).

Torts—Charitable Immunities, Irwin N. Davis

Buffalo Law Review

Bryant v. Presbyterian Hospital, 304 N. Y. 538, 110 N. E. 2d 391 (1953).

Torts—Last Clear Chance, Irwin N. Davis

Buffalo Law Review

Kumkumian v. City of New York, 05 N. Y. 167, 111 N. E. 2d 865 (1953).

Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.

Michigan Law Review

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Wrongful Death--Liability Of Personal Representative For Costs, G. D. H. S.

West Virginia Law Review

No abstract provided.

Wrongful Death--Liability Of Husband If Wife Sole Beneficiary, J. L. A.

West Virginia Law Review

No abstract provided.

Liability For The Torts Of Independent Contractors In West Virginia, Londo H. Brown

West Virginia Law Review

No abstract provided.

Admiralty - Right To Jury Trial In Certain Cases On Great Lakes - Maintenance And Cure Not Contract Or Tort Matter, Richard B. Barnett S.Ed..

Michigan Law Review

Libelant brought an action for maintenance and cure on the admiralty side of a federal district court in Illinois. He requested a jury trial, relying on the Act of February 20, 1845, which provides that in certain admiralty and maritime cases arising on the Great Lakes relating to any matter of contract or tort, trial shall be by jury on the demand of either party. The trial court heard the case without a jury and dismissed the libel on the merits. The court of appeals held, on appeal, that maintenance and cure was a matter of ancient and established …

Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..

Michigan Law Review

A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …

Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for personal injuries suffered when she slipped on a spot of grease in the driveway of defendant's railroad station. The evidence showed that the spot was at least one foot square and was covered with dust and dirt so that it resembled in color and texture the rest of the pavement. The evidence also indicated that vehicles often drove through and parked in the drive, and that there were no marks on the spot other than a deep skid mark left by plaintiff's heel. The trial court allowed the jury to determine from this evidence …

Palsgraf Revisited, William L. Prosser

Michigan Law Review

Perhaps the most celebrated of all tort cases is Palsgraf v. Long Island Railroad Company. Certainly it is one of the most controversial. Thirteen judges in all passed upon the case, and seven of them were for the plaintiff, at least in the sense that they considered that the issue was one to be left to the jury. Four of the remaining six, sitting on the Court of Appeals of New York, had the :final word, and they set aside the verdict, dismissed the complaint, and ordered judgment for the defendant. The Advisers of the Restatement of Torts debated …

Statute Of Limitations-Time At Which Limitations Period Begins To Run In Regard To Actions For Wrongful Death. [New Mexico]

Washington and Lee Law Review

No abstract provided.

Equity-Injunction Against Establishment Of Funeral Home Inresidential District As "Nuisance In Fact." [Louisiana]

Washington and Lee Law Review

No abstract provided.

Sales-Liability Of Wholesaler To Consumer Injured By Eatingunwholesome Packaged Goods. [Texas]

Washington and Lee Law Review

No abstract provided.

Torts-Liability For Physical Injury Resulting From Nervous Shock At Witnessing Negligent Acts Toward Third Party. [Maryland]

Washington and Lee Law Review

No abstract provided.

Torts, John W. Richards

Washington Law Review

Covers survival of actions when the tort-feasor dies.

Agency, Merton Ferson

Vanderbilt Law Review

The facts in Dickson v. Blacker were these: Dickson operated a filling station in Memphis and, along with it, a parking lot situated one and one-half blocks from the filling station. Blacker left his automobile at the filling station for storage, and it was taken to the parking lot. An employee of Dickson was sent to the parking lot to get the car. The employee, without permission, drove the car away and wrecked it six blocks from the filling station. Blacker, the owner of the car, was allowed to recover from Dickson, the owner of the filling station parking lot.

Torts, John W. Wade

Vanderbilt Law Review

As might have been expected a large portion of the litigation before the Tennessee appellate courts during the Survey period involved tort actions. Most of these actions, of course, were based upon negligence. There were several cases involving the intentional harms of assault and battery and false imprisonment. No cases were decided involving deceit, defamation, strict liability or interference with advantageous relations.

Local Government Law, Clyde L. Ball

Vanderbilt Law Review

This summary is limited to cases decided in the Court of Appeals and Supreme Court of Tennessee, reported during the last year, and dealing with some phase of that body of law which embraces' Municipal Corporations, Counties, Officers, Elections and related topics fitting into the general classification of Local Government Law. No attempt has been made to consider Acts of the 1953 General Assembly which may have affected this field, as most of the legislation in this field is local in nature.

Tort Liability Of Organizations For Intentionally Impairing Economic Relations

Indiana Law Journal

No abstract provided.

Negligence--Liability Of Charitable Hospital--Insurance, B. A. G.

West Virginia Law Review

No abstract provided.

Common Carrier Liability In The Atomic Age: The Cummins Amendment To The Interstate Commerce Act, Anthony F. Arpaia, Clarence G. Jensen

Michigan Law Review

Any discussion of carriers' liability for goods transported by them necessarily begins with the famous case of Coggs v. Bernard. There Lord Holt two hundred and fifty years ago stated the obligation of carriers to their patrons in language which has lost none of its force and clarity by the lapse of time.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Torts - Wife's Right To Sue Husband, Samuel Watts Phillips

William and Mary Review of Virginia Law

No abstract provided.

Personal Injuries: Unemancipated Child Given Cause Of Action Against Parent Negligent In Non-Parental Act, Ivor Lusty

Washington Law Review

A partner in a common carrier partnership, while driving a partnership vehicle on business, negligently injured his minor son who was playing in the street. The child, P, through his guardian ad litem sues the partnership for personal injuries. D's demurrer sustained. Held: reversed (7 to 2), Borst v. Borst, 141 Wash. Dec. 598, 251 P. 2d 149 (1952).

Negligence-Duty Of Care-Liability Of State Mental Hospital For Acts Of A Dangerous Patient After Improper Discharge, Edgar A. Strause S.Ed.

Michigan Law Review

One Jones, a mental incompetent, was erroneously released as "recovered" from a state hospital for the criminal insane, after having been transferred there because of his dangerous behavior at a state penal institution. Jones' frequent assaultive behavior at the hospital was not reported in his case history upon which the determination of his recovery was partially based, nor was any inquiry made into the motivation for such conduct. Crowded conditions and an inadequate psychiatric staff were responsible for the improper diagnosis of the patient's condition and his ultimate discharge. Four days after his release he killed four persons. The administratrix …

Interstate Publication, William L. Prosser

Michigan Law Review

It is an amazing and a sobering thought that by the utterance of a single ill-considered word a man may today commit forty-nine separate torts, for each of which he may be severally liable, in as many jurisdictions within the continental limits of the United States alone, and without regard to any additional liability he may incur in the possessions and territories and in foreign countries. It calls to mind at once in all solemnity those first words that ever were sent over an interstate wire, and later to the moon. What, indeed, hath God wrought!

Little less astonishing, although …