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Articles 8041 - 8070 of 9014

Full-Text Articles in Law

Should The Doctrine Of Implied Warranties Be Limited To Sales Transactions?, Robert B. Deen Jr., Charles H. Warfield Jun 1949

Should The Doctrine Of Implied Warranties Be Limited To Sales Transactions?, Robert B. Deen Jr., Charles H. Warfield

Vanderbilt Law Review

The purpose of this discussion is to examine implied warranties in order to determine if their application is limited to sales transactions. In approaching this problem, it is necessary to understand the development of warranty. In the early law, warranty was a pure action of tort.' Special assumpsit developed over a hundred years later than warranty and was based on the tort action of warranty. Thus, at the beginning, assumpsit was thought of as a tort action. Later assumpsit came to be regarded as similar to covenant and hence became classified with contract actions. Warranty was still considered a tort …

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Coming Into Equity With Clean Hands, Zechariah Chafee, Jr. Jun 1949

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

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Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer Jun 1949

Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer

Michigan Law Review

While walking on a highway, A was knocked down by a car driven by B, and was almost immediately run over by C's car. A was pronounced dead from several injuries, any one of which would have sufficed to cause his death. Plaintiff, A's administratrix, recovered judgment against both B and C for A's death. Held, reversing on other grounds, joinder of B and C was proper. Micelli v. Hirsch, (Ohio App. 1948) 83 N.E. (2d) 240.

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Another Decade Under The Guest Statute, John W. Richards May 1949

Another Decade Under The Guest Statute, John W. Richards

Washington Law Review

In the nine years which have passed since the writer ventured to express in these pages his views on the Guest Statute, sixteen cases have been decided which deal either with the statute, with joint adventure, or with both. Some of these cases represent major changes in the field, and while no one would for a moment suggest that they have not been carefully noted by the profession there is nevertheless some hope, based not only on reading the opinions, but in some instances on the briefs which led to them, that it might be useful to revisit the topic …

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Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch May 1949

Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch

Michigan Law Review

Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …

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Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr. May 1949

Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr.

Michigan Law Review

Plaintiff alleged that while driving on a two-lane highway, he was overtaken by defendant, who attempted to pass against oncoming traffic and forced plaintiff to tum right in an effort to leave the highway. At that point, a passenger in plaintiff's car seized the steering wheel, causing the car to travel left across the highway without collision and then overturn, injuring plaintiff. Held, demurrer to complaint sustained. The passenger's act was not foreseeable, was not the normal response to the situation created by the defendant, and was so extraordinary as to be an efficient intervening cause. Robinson v. Butler …

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Equitable Deviation In Indiana Apr 1949

Equitable Deviation In Indiana

Indiana Law Journal

Recent Cases: Trusts

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Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr. Apr 1949

Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.

Michigan Law Review

Plaintiff sued a corporation and its president to recover money paid for purchase of stock sold in violation of the ''blue sky" laws of Michigan. The president, through correspondence, had induced plaintiff to complete the purchase. Plaintiff had judgment below against both defendants. The president alone appealed, contending among other things that he was not an "agent" within the meaning of the statute. Held, affirmed. The word "agent" in the Michigan statute1 includes officers and directors of the corporation whether they are authorized "agents" or are holding themselves out as "agents" of the corporation. Cleland v. Smart, 321 …

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Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross Apr 1949

Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross

Michigan Law Review

In an action for the wrongful death of an airplane passenger killed in a crash of a commercial airliner, plaintiff relied upon specific acts of negligence and the doctrine of res ipsa loquitur. Defendant moved to strike from the complaint all allegations pertaining to res ipsa loquitur, on the ground that the doctrine did not apply to airplane crashes. Held, motion denied. Smith v. Pennsylvania Central Airline Corp., (D.C. D.C. 1948) 76 F. Supp. 940.

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Negligence-Guest Statutes-Applicability To Operation Of Automobile On Host's Premises, Janice Richardson Apr 1949

Negligence-Guest Statutes-Applicability To Operation Of Automobile On Host's Premises, Janice Richardson

Michigan Law Review

Plaintiff accompanied a friend to defendant's garage to park the friend's automobile and later returned alone, without a claim check, to obtain a package she had left in the automobile. An attendant, who was about to park another automobile, invited her to ride to the second Hoor to secure the package herself. Plaintiff was injured when the attendant negligently drove the automobile against an elevator. Held, judgment for defendant affirmed. Plaintiff was a guest within the meaning of the Ohio guest statute and could not recover for injuries unless caused by willful or wanton misconduct. Kilgore v. U-Drive-It Co. …

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Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy Apr 1949

Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy

Michigan Law Review

Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …

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Release-Settlement With Original Tort-Feasor As Release Of Negligent Physician Who Aggravated Injury Mar 1949

Release-Settlement With Original Tort-Feasor As Release Of Negligent Physician Who Aggravated Injury

Washington and Lee Law Review

No abstract provided.

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Torts-Effect Of "One Publication Rule" On Running Of Statute Of Limitations In Libel Actions Mar 1949

Torts-Effect Of "One Publication Rule" On Running Of Statute Of Limitations In Libel Actions

Washington and Lee Law Review

No abstract provided.

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Torts-Imposition Of Civil Liability For Conduct Constituting Violation Of Criminal Statute Mar 1949

Torts-Imposition Of Civil Liability For Conduct Constituting Violation Of Criminal Statute

Washington and Lee Law Review

No abstract provided.

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Subrogation-Right Of Insurer To Sue Under Federal Tort Claims Act As Subrogee Of Injured Party Mar 1949

Subrogation-Right Of Insurer To Sue Under Federal Tort Claims Act As Subrogee Of Injured Party

Washington and Lee Law Review

No abstract provided.

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Torts-Consent Of Minor Participant Injured In Illegally Promoted Fight As Defense For Promotor Against Civil Liability Mar 1949

Torts-Consent Of Minor Participant Injured In Illegally Promoted Fight As Defense For Promotor Against Civil Liability

Washington and Lee Law Review

No abstract provided.

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Libel And Slander-Radio Defamation-Liability Of Broadcasting Company For Defamatory Statements Made Over Its Facilities, Albert B. Perlin, Jr. S. Ed. Mar 1949

Libel And Slander-Radio Defamation-Liability Of Broadcasting Company For Defamatory Statements Made Over Its Facilities, Albert B. Perlin, Jr. S. Ed.

Michigan Law Review

During a radio program, a lessee of broadcasting facilities read previously prepared statements regarding a public official which were defamatory per se. In an action for defamation against the broadcasting company, defendant attacked the complaint as insufficient in failing to allege negligence. Held, the allegation of negligence is essential, but the complaint was sufficient. Kelly v. Hoffman, (N.J. 1948) 61 A. (2d) 143.

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Res Ipsa Loquitur, L. Whiting Farinholt Jr. Jan 1949

Res Ipsa Loquitur, L. Whiting Farinholt Jr.

Maryland Law Review

No abstract provided.

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Building Contractor's Liability: An Extension Of Macpherson V. Buick Jan 1949

Building Contractor's Liability: An Extension Of Macpherson V. Buick

Indiana Law Journal

Recent Cases: Negligence

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The Res Ipsa Loquitur Doctrine In Kentucky, Fred H. Daugherty Jan 1949

The Res Ipsa Loquitur Doctrine In Kentucky, Fred H. Daugherty

Kentucky Law Journal

No abstract provided.

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Liability Of A Landlord To Third Persons For Injuries Occurring Outside The Rented Property, W. Threlkeld Jan 1949

Liability Of A Landlord To Third Persons For Injuries Occurring Outside The Rented Property, W. Threlkeld

Kentucky Law Journal

No abstract provided.

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Torts--Consent As A Defense In Civil Actions Arising Out Of Mutual Affrays, The Kentucky Rule, Gladney Harville Jan 1949

Torts--Consent As A Defense In Civil Actions Arising Out Of Mutual Affrays, The Kentucky Rule, Gladney Harville

Kentucky Law Journal

No abstract provided.

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Equitable Relief Against Nuisances, William Q. De Funiak Jan 1949

Equitable Relief Against Nuisances, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

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The Conflict Of Laws: A Comparative Study, Volume Ii, Foreign Corporations: Torts: Contracts In General, By Ernst Rabel, Martin Wolff Jan 1949

The Conflict Of Laws: A Comparative Study, Volume Ii, Foreign Corporations: Torts: Contracts In General, By Ernst Rabel, Martin Wolff

Indiana Law Journal

No abstract provided.

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Means Of Equitable Protection Against Torts, William Q. De Funiak Jan 1949

Means Of Equitable Protection Against Torts, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

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Remedies And Damages For Fraudulent Misrepresentation In Kentucky, John J. Hopkins Jan 1949

Remedies And Damages For Fraudulent Misrepresentation In Kentucky, John J. Hopkins

Kentucky Law Journal

No abstract provided.

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Torts--Misrepresentation By Opinion, Promise, And Prediction, Giles J. Mccarthy Jan 1949

Torts--Misrepresentation By Opinion, Promise, And Prediction, Giles J. Mccarthy

Kentucky Law Journal

No abstract provided.

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Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner Jan 1949

Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner

Kentucky Law Journal

No abstract provided.

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Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street Jan 1949

Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street

Michigan Law Review

Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing a satisfactory basis of governmental civil liability that the enactment of the Federal Tort Claims Act of 1946 in the United States, and the Crown Proceedings Act of 1947 in Great Britain are events justifying a comparison and evaluation of these belated attempts to provide the citizens with an adequate remedy against the State.

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Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis Jan 1949

Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis

Michigan Law Review

Plaintiff alleged that defendant used vile and abusive language toward her on a public street; that defendant knew she was advanced in pregnancy, highly nervous and sensitive; and that by reason of defendant's language she suffered an emotional disturbance resulting in impairment of health. The trial court rendered judgment in favor of the defendant after the opening statement of plaintiff's counsel. The court of appeals reversed the judgment of the trial court and held that plaintiff was entitled to submit her evidence to the jury. On appeal, held, reversed. Plaintiff did not allege that she was put in fear …

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