Law Commons^™

Torts, Edwin Maner Jr.

Mercer Law Review

During the survey period, decisions were handed down by the Georgia appellate courts reaffirming well-established principles of law with regard to the duty of counties in the construction and maintenance of bridges, duty to invitee on premises of defendant, duty to invited guest in automobile, duty of care between bailor and bailee, duty of care between pedestrian and operator of automobile, intervening negligence, concurring negligence, duty to licensee and to trespasser on premises of defendant, duty to anticipate negligence or unlawful conduct of another, comparative negligence, proximate cause, allegations essential to action in tort, accident, emergency, scope of employment, defense …

Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.

Michigan Law Review

A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …

Negligence-Liability Of Manufacturer Or Vendor To An Allergic Consumer, Zolman Cavitch S.Ed.

Michigan Law Review

The study of allergies is relatively new to the medical profession. It is not surprising, therefore, that only a few courts have dealt with the problem of the liability of the manufacturer or vendor to the consumer who is allergic to an ingredient in the defendant's product. Many dyes, cosmetics, drugs and health and beauty aids in universal use, however, contain known allergenic ingredients. Medical authorities estimate the incidence of well-defined allergies at between five to ten per cent of the total population and one authority suggests that allergies are actually increasing in frequency. When we add to this parade …

Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.

Michigan Law Review

Plaintiff's intestate purchased from Montgomery Ward & Company a gas water heater which had been manufactured by a third party. The heater was installed by defendant Rulane Gas Company. It worked satisfactorily for fourteen months until the flame went out due to unknown causes. Deceased notified the defendant, and sixteen hours later it sent a repairman to investigate the trouble. He descended to the basement with deceased and struck a match in disregard of a warning not to do so. An explosion followed in which both deceased and the repairman were killed. Investigation showed that the "automatic cut-off" valve was …

Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed.

Michigan Law Review

When leaving a church service, plaintiff fell on ice that had formed as a result of poor drainage facilities on the public sidewalk outside defendant's church building. An action was brought based on negligence and the maintenance of a public nuisance. Defendant's answer claimed a right as a privately conducted charity to immunity from tort liability. Plaintiff demurred, the demurrer was overruled, and the case was transferred to the Supreme Court for a decision on that issue. Held, decree overruling the demurrer reversed. Charitable institutions are not entitled to immunity from tort liability. Foster v. Roman Catholic Diocese of …

Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed.

Michigan Law Review

Prior to trial of suit to recover damages for hand infection alleged to have been caused by the use of defendant's washing compound, plaintiff filed interrogatories requesting the ingredients and proportions used in the compound. Defendant's offer to divulge its secret formula to the court in confidence until the plaintiff should make a prima facie case was ruled upon adversely by the court. Defendant thereupon suffered the statutory penalty of default rather than disclose the secret. Held, default judgment affirmed. In this instance trade secrets were not privileged, and there was no abuse of discretion in the trial court's …

Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager

Michigan Law Review

The Maryland Dry Dock Company sued to enforce its statutory maritime lien for converting a cargo vessel owned by the Republic Steamship Corporation into a passenger ship, and the International Refugee Organization contested the action on the ground that the money used to purchase the vessel was obtained by Republic from IRO by fraud. IRO argued that Republic did not have authority to bind the vessel because the vessel was impressed with a constructive trust in IRO's favor, and that if Republic did have authority the trust took preference over the lien. Held, a constructive trust on rescission for …

Torts: Recovery Of Litigation Expenses For "Double Exposure To Suit"

Indiana Law Journal

Recent Cases

Torts-Consent As Bar To Recovery Of Damages For Illegal Abortion [Miller V. Bennett, Va. 1949].

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Husband Paying Medical Expenses To Obtain Reimbursement From Injured Wife Out Of Damages Recovered From Tortfeasor [Floyd V. Miller, Va. 1950].

Washington and Lee Law Review

No abstract provided.

The Unwelcome Involuntary Guest, John W. Williams, Robert Venable

Washington Law Review

The facts of the case are as spare and clean cut as though invented to raise its issue. Joyce Akins, sixteen, was invited by Robbie Hemphill to ride with him in his car; it was not until they had proceeded some way on their journey that she discovered he was intoxicated and driving in an incressingly reckless manner. Frightened, she demanded repeatedly to be let out; he heard, refused, increased his speed, and presently collided with the rear of another car to Joyce's severe and permanent injury. A general demurrer to her complaint was sustained and upon her refusal to …

Federal Tort Claims Act--Armed Forces--Injury Incident To Military Service, T. W. C.

West Virginia Law Review

No abstract provided.

Conflict Of Laws In Multistate Fraud And Deceit, William O. Beach Jr.

Vanderbilt Law Review

Unlike most conflict of laws questions, the choice-of-law problem in tort actions based on multistate fraud and deceit has been given surprisingly little attention. Until recent years the problem had been raised in but two or three reported cases, and no real attempt had been made to analyze and clarify it. The recognition and scanty treatment of the problem in the Restatement of Conflict of Laws' has perhaps been primarily responsible for the growing awareness of it in the courts in the past two decades. Nevertheless, neither the courts nor the secondary authorities have come forward with a thorough study …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT

============================

AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE

============================

BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION

============================

CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT

============================

CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS

============================

CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION

=============================

CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE

=============================

CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …

Procedure - Theories Of Recovery In The Packaged Food Cases, Fenton Martin

William and Mary Review of Virginia Law

No abstract provided.

Torts - Last Clear Chance Doctrine As Humanitarian Rule, Robert E. Cook

William and Mary Review of Virginia Law

No abstract provided.

Restitution Under The Statute Of Frauds: What Constitutes An Unjust Retention, Lindsey R. Jeanblanc

Michigan Law Review

In order to recover in restitution the plaintiff must establish, first, that a legal benefit was conferred upon the defendant and, second, that the retention of that benefit was unjust. The problem of determining what constitutes a legal benefit in the cases of restitution under the statute of frauds is discussed in another article. The purpose of this article is to examine what does or does not constitute an unjust retention in such cases, including some of the grounds on which the defendant may successfully contend that his retention of a benefit is not unjust.

Bailment-Limitation Of Liability-Effect Of Posted Notice Or Stipulation On Receipt, Walter L. Dean

Michigan Law Review

Plaintiff deposited a traveling bag in the parcel room at defendant's railroad station, paid a ten cent fee, and was issued in return a numbered check or receipt on which was printed, inter alia, a notice that defendant's liability would be limited to $25 unless an excess valuation were declared and paid for at the time of deposit. Plaintiff testified that he hadn't read the printing on the check and hadn't seen a posted sign which contained the same information. On demand the defendant was unable to redeliver the bag. In an action to recover the value of the bag …

Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland

Michigan Law Review

Plaintiff and his wife were driving from Michigan to Iowa to visit a certain church to which plaintiff, a minister, was considering a call. Defendant desired to visit a college in Illinois, with the intention of enrolling as a student. It was agreed that defendant should ride in plaintiff's automobile to Illinois, where plaintiff was to help defendant gain admission to the college; later defendant was to return with the plaintiff to Michigan. The parties alternated in driving the automobile on the trip. At a certain stage in the journey, defendant negligently operated the automobile and caused it to become …

Statutory Construction--Extra-Territorial Application Of Federal Statutes--Application Of Federal Tort Claims Act To Claims Arising In Foreign Areas Leased To The United States, Thomas L. Waterbury S.Ed.

Michigan Law Review

Decedent, an airlines employee, was killed in a plane crash at Harmon Field, Newfoundland, a base leased to the United States by Great Britain for ninety-nine years. The plaintiff, decedent's administratrix, brought suit in a district court against the United States, relying on the Federal Tort Claims Act as a waiver of federal immunity from suit. Judgment for the United States was reversed by the Court of Appeals. On certiorari to the Supreme Court, held, reversed. The claim arose in a foreign country and the FTCA specifically retains federal immunity from suit on such claims. United States v. Spelar …

Tort Liability Of Oil Companies For Acts Of Service Station Operators, William T. Gamble

Vanderbilt Law Review

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required' has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer's products and under its exclusive trade names. Because of the great number of …

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …

Procedure-Divisibility Of Right To Recover Damages For Injury To Person And Property Sustained In Same Accident [Carter V. Hinkle, Va. 1949]

Washington and Lee Law Review

No abstract provided.

Torts-Cause Of Action Of Minor Child For Enticement Of Its Parent [Miller V. Monsen, Minn. 1949].

Washington and Lee Law Review

No abstract provided.

Torts-Unconscious Last Chance Of Defendant As Basis For Allowance Of Recovery For Inattentive Plaintiff [Anderson V. Payne, Va. 1949]

Washington and Lee Law Review

No abstract provided.

Torts-Viability Of Child En Ventre Sa Mere As Qualification For Recovery For Prenatal Injury [Williams V. Marion Rapid Transit, Inc., Ohio 1949]

Washington and Lee Law Review

No abstract provided.

Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.

Michigan Law Review

It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.

Creditors' Rights-Remedies Available To Tort Creditor Without Judgment In Michigan And Under The Uniform Fraudulent Conveyances Act, Colvin A. Peterson, Jr. S.Ed.

Michigan Law Review

During negotiations for settlement of a tort claim between plaintiff and X, X transferred some realty to his son, defendant. Plaintiff commenced suit against X on the claim and, alleging that defendant and X were jointly liable on the claim, sued defendant in equity to enjoin a prospective transfer of the property by defendant to third parties. Held, for defendant; equity has no jurisdiction to enjoin the transfer of assets for a claim that is not secured by a lien or reduced to a judgment. Irwin v. Meese, 325 Mich. 349, 38 N.W. (2d) 869 (1949).

Negligence-Last Clear Chance-Plaintiff's Ignorance Of Danger When He Is Not Ignorant Of The Instrumentality Which Causes His Injury, John Yates

Michigan Law Review

Plaintiff, a boy twelve years of age, was struck by a locomotive of defendant railroad and suffered severe injuries. Defendant engineer, who had noticed plaintiff walking toward the track, could have stopped the train when he first observed plaintiff but did not because he had seen plaintiff look over his shoulder at the approaching train. The train could not be stopped after plaintiff had stepped onto the track. Plaintiff admitted seeing the train when it was 400 feet distant and that he had miscalculated the time necessary to cross in front of it. On appeal from judgment against both defendants, …

Negligence-"Coal Hole" Cases-Constructive Notice Arising From Condition Of The Premises-Failure To Lock As Evidence Of Negligence, Lewis R. Williams, Jr.

Michigan Law Review

While on the way to a bowling alley at 7:15 p.m., plaintiff fell through an open coal hole in the private sidewalk which ran along the rear of defendant's business building. The public used the sidewalk to enter the building and to reach the rear of other stores in the block. There was no evidence as to how the door of the coal hole, which had been closed at 5:30 p.m., was opened. Held, judgment for plaintiffs reversed and judgment entered for defendant, two justices dissenting. Plaintiff failed to prove that the door in question was open a sufficient …