Law Commons^™

Civil Procedure-Joinder Of Causes Of Action In Michigan, J. David Voss

Michigan Law Review

Plaintiffs were the owners of several lots, and used their respective properties as residences. Defendants, manufacturers of cement and concrete products, operated several large trucks in their business. Plaintiffs filed a declaration to recover damages for injuries to their properties sustained as a result of the loud noises, vibrations, and cement dust caused by the defendants' trucks when using an alley leading to defendants' place of business. The defendants' motion for dismissal on grounds of misjoinder of parties and causes of action was overruled. On appeal, held, reversed. Owners of property are not entitled to be joined in one …

Torts—Assumption Of Risk By Driving Instructor, John J. Callahan

Buffalo Law Review

Le Fleur v. Virgilia, 280 App. Div. 1035, 117 N. Y. S. 2d 244 (4th Dep't 1952).

Libel—No Publication By Dictation To Corporate Stenographer, Richard S. Manz

Buffalo Law Review

Mims v. Metropolitan Life Ins. Co., 200 F. 2d 800 (5th Cir. 1952).

Joint Tortfeasors And The Conflict Of Laws, John W. Wade

Vanderbilt Law Review

Much has been written regarding tort liability and the conflict of laws and there are numerous cases in the field.' But little attention has been paid to the conflicts aspects of the many legal problems which surround the concept of joint tortfeasors. This paper attempts to collect the relatively few decisions on the subject and to analyze the problems involved.

In the beginning it should be made clear that the term "joint tortfeasors" is used, unless otherwise indicated, in the broad, somewhat colloquial sense which most American courts use today. Thus used, it includes both joint tortfeasors in the narrow …

Torts-Libel And Slander, David D. Dowd, Jr.

Michigan Law Review

Plaintiff brought an action in slander alleging that defendant orally described him as a Communist during the course of a neighborhood argument. Plaintiff further asserted that when the defamatory words were spoken he held the position of an official in the United Financial Employees Union. Defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Held, complaint dismissed with leave to amend. The court ruled that the averments were not sufficient to show special damage to the plaintiff, nor did they support an interpretation that the words …

Recovery Of Damages For Mental Anguish Alone In Breach Of Contract Actions, Law Review Staff

Vanderbilt Law Review

Before the late 1800's it undoubtedly would have been contrary to law to assert that damages for mental suffering might be allowed in breach of contract actions. However, near the beginning of the Nineteenth Century a few courts made what was considered to be a serious departure from the common law and allowed such damages in certain types of cases. The passing of years has brought about considerable, though incomplete, development in this phase of the law. Not only have legal writers failed to give this development the comment which its significance warrants, but the courts have failed to indicate …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--ANNULMENT FOR MENTAL INCAPACITY--APPLICABILITY OF LAW OF DOMICIL

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CONFLICT OF LAWS -DAMAGES -EFFECT OF OUT-OF-STATE EMPLOYMENT CONTRACT

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CONFLICT OF LAWS --DIRECT ACTION AGAINST INSURER--CONSTITUTIONALITY OF STATUTE REQUIRING APPLICATION TO OUT-OF-STATE INSURANCE POLICIES

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CONFLICT OF LAWS --JURISDICTION -FOREIGN ACTS AFFECTING COMMERCE

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CONFLICT OF LAWS --JURISDICTION --SERVICE ON UNINCORPORATED NONRESIDENT

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CONFLICT OF LAWS --JURISDICTION --TRESPASS TO LAND AS TRANSITORY ACTION

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CRIMINAL PROCEDURE --SUSPENDED SENTENCE --FACTORS CONSIDERED IN REVOCATION

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FEDERAL PROCEDURE --RULE 50(b) --TRIAL COURT'S DISCRETION TO GRANT NEW TRIAL OR JUDGMENT

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LIMITATION OF ACTIONS --STATUTORY CONSTRUCTION--"ACT OR OMISSION COMPLAINED OF"

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PROCEDURE-- …

Book Reviews, Mortimer Schwartz, Reginald Parker, John A. Bauman, Francis X. Dwyer, Maurice S. Culp, Alexander Holtzoff

Journal of Legal Education

No abstract provided.

The Attractive Nuisance Doctrine In The Virginias, William C. Beatty

Washington and Lee Law Review

No abstract provided.

Damages-Power Of Court To Allow Defendant To Avoid Newtrial By Paying Plaintiff More Than Inadequate Damagesverdict. [California]

Washington and Lee Law Review

No abstract provided.

Torts-Imputation Of Driver's Negligence To Passenger Injured In Collision To Bar Recovery From Negligent Driver Of Other Car. [Virginia]

Washington and Lee Law Review

No abstract provided.

Torts-Place Of Foreseeability Of Harm In Negligence Cases As Part Of Proximate Causation Or Negligence-Duty Issue. [Pennsylvania]

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Married Woman To Sue Husband For Personalinjuries Inflicted Before Marriage. [Virginia]

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Action Of Child Against Parent For Personaltort Committed In Non-Parental Capacity. [Ohio]

Washington and Lee Law Review

No abstract provided.

Suretyship-Scope Of Liability Of Surety For Police Officer Forinjuries Inflicted Through Misconduct Of Officer. [Maryland]

Washington and Lee Law Review

No abstract provided.

Negligence-Duty Of Care-Determination Of Plaintiff's Status Under Guest Statute, Donald M. Wilkinson, Jr.

Michigan Law Review

Plaintiff, a boy scout, was assisting in a paper collection for the benefit of his troop, and while so doing, was injured when he attempted to regain his position on a utility trailer attached to the assistant scoutmaster's automobile. Plaintiff brought suit against the assistant scoutmaster, alleging negligent operation of the automobile. Defendant's motion for judgment on the pleadings was granted in the lower court, but this ruling was reversed in the court of appeals. On appeal to the Supreme Court of Ohio, held, affirmed, three judges dissenting. Defendant was deemed to have been benefited by plaintiff's activities to …

Negligence-Federal Employer's Liability Act-Extension Of The Safe Place To Work Doctrine, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff, a lumber inspector employed by the defendant railroad, was inspecting railroad ties on a dock owned by an independent lumber company. The employees of the lumber company had piled the ties so that the ends were either flush with or protruded over the edge of the dock. In order to inspect the ends, the plaintiff assumed a ''bent-over" position in which his right foot was on the edge of the dock, his left hand on the pile and his left foot suspended in the air. After losing his balance, he placed his left foot on the dock where it …

Torts-Statutory Right Of Privacy, Richard D. Rohr S.Ed.

Michigan Law Review

Defendants used the name and portrayed the career of one Jack Donahue in a motion picture and exhibited this film in Utah. Plaintiffs, Donahue's heirs, brought suit under a Utah statute which creates a remedial action for the use of the "name, portrait, or picture" of a person, living or dead, "for advertising purposes or purposes of trade" without the written consent of that person or his heirs. There was no use of Donahue's name, portrait or picture for the purpose of advertising the film. The film ''biography" was in part without factual basis. The defendants contended that the late …

Rotenstreich V. Attorney General, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg

Translated Opinions

The appellant was convicted under s. 218 of the Criminal Code Ordinance, 1936, of causing the death of two small children. The children, though warned not to do so, had been in the habit of bathing in a pool on the appellant's land. The two children had in fact on a previous occasion been driven off and warned not to go near the pool. Nevertheless they disregarded the warning, went into the pool, and were drowned.

Held: Allowing the appeal, per Cheshin J. and Assaf J., that the elements necessary for criminal liability under s. 218 of the (criminal Code …

The National Guard And The Federal Tort Claims Act, Stanley D. Rose

Vanderbilt Law Review

In a comment appearing in a previous issue of the Vanderbilt Law Review there was a discussion of the application to military personnel of the Federal Tort Claims Act. One part of that comment may now be expanded. The torts of National Guards men whose units have not been called into federal service do not create a cause of action under the Federal Tort Claims Act. The National Guard of the United States is a reserve component of the Army of the United States. It is made up of the National Guard of the several states, territories and the District …

Admiralty-Unseaworthiness Of Vessel In Having Vicious Crew Member Aboard, Richard B. Barnett S.Ed.

Michigan Law Review

Plaintiff, a seaman on board defendant's ship, went ashore on leave with the second cook. After returning to the ship, the two quarrelled and plaintiff knocked the cook down. The cook went to the galley and obtained a meat cleaver with which he struck plaintiff on the head, causing serious injury. Plaintiff brought suit against the ship owner for damages on the theory that in allowing a man of the cook's vicious proclivities to become a member of the crew, defendant failed to provide a "seaworthy" ship and that plaintiff had suffered injury as a result. Plaintiff appealed a verdict …

Torts-Invasion Of Right Of Privacy By Postcard Advertising, James S. Taylor

Michigan Law Review

To promote the sale of merchandise, defendant retail clothing store mailed a series of postcards to prospective customers, one of which was the plaintiff. The cards, in feminine handwriting, read, ''Please call WAbash 1943 and ask for Carolyn." Upon reading this the plaintiff's wife, who had intercepted the card, concluded that her husband was having a clandestine love affair with another woman, and when the plaintiff was unable to explain "Carolyn," she left him. Subsequent inquiry revealed that "Carolyn" was one of the defendant's employees and that the card was an advertising stunt Plaintiff filed suit on the theory that …

Torts-Defamation-Right Of Corporation To Sue For Libelous Words Concerning Its Employees, Chester F. Relyea

Michigan Law Review

The plaintiff corporation owns and operates a fashionable clothing store. The defendants are authors of a book which stated that some of the corporation's models and sales girls were prostitutes and many of its male designers and salesmen were homosexuals. A number from both groups were said to have been "imported." On defendants' motion to dismiss the complaint for failure to state a cause of action in libel, the court denied the motion. Held: even without an allegation of special damages, it could not be said as a matter of law that a corporation could not be directly damaged …

Conflict Of Laws-Torts-Choice Of Law In Multiple State Defamation, Peter Van Domelen S.Ed.

Michigan Law Review

Plaintiff, a Connecticut corporation engaged in business throughout several Eastern states, brought an action for an injunction and damages arising from alleged defamatory statements broadcast over defendant's radio network. Defendant's broadcast originated in New York and was heard by listeners from Maine to North Carolina and as far west as Pennsylvania including the area in which plaintiff was carrying on its business. Defendant moved to dismiss the complaint for failure to state a claim on which relief could be granted. To rule on this motion, it was necessary to choose the appropriate governing law. Held, the law of New …

Negligence-Duty Of Care-Manufacturer's And Supplier's Liability To Allergic User Of Beauty Preparation, Lois H. Hambro S.Ed.

Michigan Law Review

Plaintiff contracted dermatitis from the use of a mixture of ammonium thioglycolate and potassium bromate which she had purchased from defendant manufacturer as a permanent wave lotion and fixative. The lower court held that since the injury was due to her allergy, the plaintiff did not have a cause of action. On appeal, held, affirmed. The manufacturer could not reasonably foresee the injurious effects of a combination of the chemicals. Although the evidence showed that one out of one thousand persons was allergic to ammonium thioglycolate, the plaintiff was injured only by the use of a combination of the …

The Effect Of A Plea Of Justification In A Libel Suit - Domchick V. Greenbelt Consumer Services

Maryland Law Review

No abstract provided.

Admiralty-Validity Of "Born-To-Blame" Clause In Bill Of Lading, Richard B. Barnett S.Ed.

Michigan Law Review

Petitioner is owner of the S.S. Nathaniel Bacon which collided with the Esso Belgium damaging both ships. The cargo of the Bacon, owned by respondents, was also damaged. The collision was caused by the negligent navigation of employees of both ships. The bill of lading issued to respondents contained a "both-to-blame" clause requiring the cargo owners to indemnify the carrier for any cargo loss indirectly borne by the carrier. This action was brought to determine liability for the damages suffered in the collision. Held, on appeal, the ''both-to-blame" clause is invalid because of public policy prohibiting carriers from …

Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young

Michigan Law Review

Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …

Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson

Michigan Law Review

Defendant, Attorney General for the state of Pennsylvania, wrote a letter to a District Attorney demanding the dismissal of the plaintiff, an Assistant District Attorney, because of the plaintiff's alleged communistic activities and associations, information of which had been brought to the attention of the defendant by the State Police. Before delivery of the letter to the District Attorney, the defendant released it to the newspapers. Plaintiff brought a libel action alleging the statements to be false and maliciously made. The defendant demurred and the court sustained. On appeal, held, affirmed. Although the defendant himself has no power to …

Book Review. Cases And Materials On The Law Of Torts, 2nd Ed. By H. Shulman And F. James, Jr., John T. Bauman

Articles by Maurer Faculty

No abstract provided.