Law Commons^™

Plaintiff's Violation Of A Statute As Affecting Recovery For Negligence--"Proximate Cause", William S. Tribell

Kentucky Law Journal

No abstract provided.

Torts--Battery--Consent And Privilege In Surgical Operations--Tabor V. Scobee, William A. Rice

Kentucky Law Journal

No abstract provided.

Procedure In Minors' Tort Claims In Kentucky, James T. Youngblood

Kentucky Law Journal

No abstract provided.

Manufacturers' Liability In Kentucky, Henry V. Pennington Ii

Kentucky Law Journal

No abstract provided.

Book Reviews, Julius Stone, Harold Gill Reuschlein, Elvin R. Latty, Pendleton Howard, Hardy C. Dillard, Louis Loss, Jerre Stockton Williams, Paul Sayre, Robert Kingsley, Warren M. Ballard, Mason Ladd, Robert Braucher, Robert B. Mckay, Robert H. Wettach

Journal of Legal Education

No abstract provided.

Torts—Negligence—Standard Of Care, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

Caldwell v. Village of Island Park, 304 N. Y. 268, 107 N. E. 2d 441 (1952y, rev'g 279 App. Div. 746, 108 N. Y. S. 2d 334 (2d Dep't 1951).

Torts—Negligence—Causation, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

Dunham v. Village of Canisteo, 303 N. Y. 498, 104 N. E. 2d 872 (1952), rev'g 278 App. Div. 743, 103 N. Y. S. 2d 519 (4th Dep't 1951).

Torts—Negligence—Indemnity, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

McFall v. Compagnie Maritime Beige, 304 N. Y. 314, 107 N. E. 2d 463 (1952).

Libel—Executive Immunity—Scope Of Executive Authority Broadly Interpreted, Frank J. Laski

Buffalo Law Review

Matson v. Margiotti, __ Pa. __, 88 A. 2d 892 (1952).

Negligence-Immunity Of Charitable Institutions From Suit, W. Garrett Flickinger S.Ed.

Michigan Law Review

A patient of defendant charitable hospital died as a result of the transfusion of an incorrect blood type and it was shown that one of defendant's employees had correctly typed the blood but negligently mislabeled it. The widower and children of the deceased brought an action in negligence for damages and the circuit court allowed recovery. On appeal, held, affirmed. The defendant hospital is liable in damages for the death of the deceased caused by the negligence of its employee notwithstanding the fact that defendant is a charitable institution and that the hospital authorities exercised due care and caution …

Torts—Negligence—Duty, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

Woods v. Lancet, 303 N. Y. 349, 102 N. E. 2d 691 (1951), rev'g 278 App. Div. 913, 105 N. Y. S. 2d 417 (Ist Dep't 1951).

Torts—Intentional Torts—Right Of Privacy, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

Gautier v. Pro-Football, Inc., 304 N. Y. 354, 360, 107 N. E. 485, 489 (1952).

Torts—Intentional Torts—Libel, Ralph Halpern, Sheldon Hurwitz

Buffalo Law Review

Danziger v. Hearst Corp., 304 N. Y. 244, 107 N. E. 2d 62 (1952).

Torts—Unemancipated Minor Allowed Tort Action Against Parent For Negligence, Irwin N. Davis

Buffalo Law Review

Signs v. Signs, 156 Ohio 566, 103 N. E. 2d 743 (1952).

Constitutional Law-Equal Protection-Damage Action For Breach Of Racial Restrictive Covenant, Richard W. Pogue S.Ed.

Michigan Law Review

Plaintiffs sued at law to recover damages for breach of a racial restrictive covenant, alleging that defendants violated the covenant by conveying restricted property to persons of the Negro race and placing them in possession and occupancy. The circuit court granted defendants' motion to dismiss. On appeal, held, affirmed. The Fourteenth Amendment prevents the maintenance of an action for breach of racial restrictive covenants. Phillips v. Naff, (Mich. 1952) 52 N.W. (2d) 158.

Evidence-Presumptions-Plaintiff's Res Ipsa Loquitur Against Defendants Presumption Of Due Care, Bernard A. Petrie S.Ed.

Michigan Law Review

Plaintiff sued for injuries resulting when an automobile which defendant was driving and in which plaintiff was sleeping left the highway. There was evidence that defendant suffered retrograde amnesia and could not recall the circumstances of the accident. The court, instructing on res ipsa loquitur for plaintiff, told the jury that it might infer negligence from the fact that the automobile inexplicably left the highway. The court also instructed that, if the jury believed that defendant suffered a loss of memory, defendant was presumed to have exercised due care. Verdict for defendant. Plaintiff contended that instruction on the presumption of …

Negligence-Right To Recover For Pre-Natal Injurie, James S. Taylor S.Ed.

Michigan Law Review

The plaintiff-infant by his guardian ad litem brought an action against the defendant alleging that while he was en ventre sa mere during the ninth month of his mother's pregnancy, he sustained, through the defendant's negligence, such serious injuries that he was born permanently maimed and disabled. The trial court dismissed the complaint for failure to state a cause of action. The appellate division affirmed. On appeal, held, reversed, two judges dissenting. A complaint alleging pre-natal injuries tortiously inflicted on a nine month foetus viable at the time and actually born later states a good cause of action. Woods …

Admiralty-Recovery For Negligent Invasion Of Contractural Interest In Use Of Ship, Duncan Noble S. Ed.

Michigan Law Review

A fishing vessel just beginning a voyage was negligently struck by another ship and laid up for a period of time for repairs. The crew were to have been compensated on the so-called "lay plan," 32% of the gross catch going to the jointly-owned vessel and gear, and 68% being split equally among the crew of ten, which included one of the joint owners. On a libel filed originally by seven of the crew members, but later joined by both owners and the remaining two of the crew, the trial court allowed recovery of the cost of repairs to the …

Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.

Michigan Law Review

Plaintiff brought an action for personal injuries. Defendant planted two sticks of dynamite in the floor beneath the door of his mining warehouse in order to prevent repeated thefts of personal property from the building. The dynamite was rigged to explode when the door was opened. Plaintiff, with the intent of stealing whatever he could, broke the lock, opened the door, and from the ensuing explosion received leg and foot injuries. Plaintiff's act was a statutory felony. Defendant testified that he in good faith thought that the amount of dynamite used would merely frighten the plaintiff. Trial court held the …

Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.

Michigan Law Review

Defendant was driving his car along a straight and unobstructed stretch of gravel road when it ran off the road, overturned, and injured the plaintiff, who was a passenger. There was some conflict in the evidence as to the speed of the car and the only evidence that the defendant could offer as to the cause of the accident was a statement that it could have been the gravel or a tie rod. The trial court directed a verdict for the plaintiff. On appeal, held, affirmed. The car left a straight and unobstructed highway and there is no showing …

Municipal Corporations--Liability For Torts, W. O. S.

West Virginia Law Review

No abstract provided.

Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke

Michigan Law Review

In 1947, North Dakota enacted legislation providing that one who recovers a judgment in an action for damages for personal injuries or death resulting from the operation of a motor vehicle and who cannot execute the judgment because of the defendants' inability to pay and lack of property, may receive payment from the state unsatisfied judgment fund upon application to the court and assignment of the judgment to the state. The fund was created, and is to be maintained, by a special assessment on motor vehicle owners. 1951 North Dakota legislation provides that any person who has a cause of …

Particularizing Standards Of Conduct In Negligence Trials, Fleming James Jr. - Professor Of Law, David K. Sigerson

Vanderbilt Law Review

The general principles to be applied by court or jury in deciding whether conduct is reasonable have been examined elsewhere.' The problem to be dealt with here concerns the specific application of the law's standard of conduct to concrete cases. How, that is, may it be shown what a party or his opponent should have done, in the way of taking precautions or the like, in the situation presented by the evidence? What kinds of proof or argument are available to make this showing? When must such a showing be made by proof? Is the jury or court to determine …

Torts - Application Of Steam Signal Statute To Diesel Locomotive, William Robert Phelps Jr.

William and Mary Review of Virginia Law

No abstract provided.

The Federal Tort Claims Act After Five Years, E.L. Fisher

Mercer Law Review

The enactment in 1946 of legislation recognizing a general liability on the part of the United States, and providing definite machinery for enforcement thereof, for damage or injury caused by the negligent or wrongful act or omission of employees of the Government while acting within the §cope of their employment, brought to an end an era of Federal immunity from responsibility frequently and harshly criticized by the bar and by students of government alike.

It is interesting to note that the barrier of sovereign immunity which precluded a judicial remedy against the Government for its wrongdoing, other than for breach …

Television Tort, Burt Derieux

Mercer Law Review

Our new medium of television has opened up entirely new vistas of entertainment, news coverage, and advertising. Though this medium is somewhat like radio and somewhat like that of the motion picture, the resulting combination of the two physical attributes of those two mediums, plus the factor of network-wide publication of events at the time those events are happening, has had unprecedented appeal to the public resulting in a stupendous increase in the number of television receivers in all parts of this country within range of television transmitters.

Res Ipsa Loquitur: Application And Effect, Murray B. Guterson

Washington Law Review

The doctrine of res ipsa loquitur has played a significant role in eighteen cases' appealed to the Washington Supreme Court since 1938. Examination of these decisions will reveal that the doctrine of res ipsa is applied as circumstantial evidence at two stages of a negligence action, that its application is made in accordance with three court-made requisites as to the nature of the proof, and that it will be applied only in the event that the plaintiff in the trial court achieves the level of proof that is required for its application. It is the author's purpose to develop the …

Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall

Washington Law Review

P was helping to push F's car out of a ditch and while standing beside the car he failed to see the approach of D's auto over the crest of a hill 250 feet behind him. D saw F's automobile partially blocking the road and tried to stop or avoid it, but his car went out of control, slid broadside down the slippery road and struck P, pinning him between the two cars as they collided. The trial court gave the jury an instruction on last clear chance, apparently for the reason that although D was unable to stop his …

Torts-False Imprisonment-Public Nuisance-Liability For Double Parking, James I. Huston S.Ed.

Michigan Law Review

Defendant had unlawfully double parked his car, thereby blocking plaintiffs' car which was parked at the curb. Plaintiffs sued for $25, alleging only discomfort and inconvenience as their damage. Defendant moved for judgment on the pleading. Held, the complaint states a good cause of action on a public nuisance theory. Harnik v. Levine, Municipal Court of City of New York, 106 N.Y.S. (2d) 460 (1951).

Group Libel And Criminal Libel, Alvin M. Glick

Buffalo Law Review

No abstract provided.