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Articles 8131 - 8160 of 9013
Full-Text Articles in Law
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
Michigan Law Review
Although deriving its force and effect from the medieval period, the doctrine of sovereign immunity retains much of its original influence. Historically, the doctrine is based upon the rule that no suit may be brought against the King without his consent. This concept found its way into international law, and from this source was derived the freedom from suit that our individual states enjoy in their own courts. With the development of the federal union, new problems arose and many were resolved by the adoption of the Eleventh Amendment, which forbids suit against a state in a federal court by …
Torts-Imputation Of Negligence Of Driver To Passenger As Bar To Recovery Against Negligent Third Party. [Michigan]
Washington and Lee Law Review
No abstract provided.
Torts-Liability Of Hotel Keeper For Refusing Dining Service To Person Not Lodging In Hotel. [Virginia]
Washington and Lee Law Review
No abstract provided.
Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed.
Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed.
Michigan Law Review
Under the objective theory of mutual assent, which bases the imposition of contractual obligations on the expressed intent of the parties, rather than on a subjective meeting of their minds, the law has generally granted relief to the signer of a contract who is under a misapprehension as to its contents only where he can show that the mistake was made without negligence on his part. The theory of affording relief in such a case apparently is that the instrument does not really represent the expression of the signer's intent, and the contract is, therefore, void at its inception. In …
Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler
Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler
Michigan Law Review
Recovery was sought by the surviving spouse and next of kin against the estate of a negligent driver where both the passenger and the driver were fatally injured and died "in the same traffic accident." Held, where both the injured person and the wrongdoer die, an action survives against the personal representatives of the wrongdoer. Kuhnle v. Swedlund, 220 Minn. 573, 20 N.W. (2d) 396 (1945).
Innkeepers-Failure Of Guest To Disclose Character Of Contents Of Baggage As Negligence, Kenneth Liles
Innkeepers-Failure Of Guest To Disclose Character Of Contents Of Baggage As Negligence, Kenneth Liles
Michigan Law Review
In an action seeking damages, based on the alleged negligence of a bailee for hire in causing the loss in transit of a salesman's stock of valuable jewelry, because the departing bailor-guest's failure to disclose the extraordinary value of the contents of his trunk amounted to negligence, held, recovery denied. Shiman Bros. & Co., Inc. v. Nebraska National Hotel Co., (Neb. 1945) 18 N.W. (2d) 551.
Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.
Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.
Michigan Law Review
Husband was driving his wife and another passenger from work when, due to a combination of the negligence of the husband and that of the defendant, a collision occurred resulting in the death of the wife. Plaintiff as administrator of the wife brought an action under the Death Act against the defendant to recover damages for the minor children of the deceased to the support of whom the deceased had contributed. The trial court directed a verdict in favor of the defendant on the ground that the contributory negligence of the husband as driver was imputed to the wife as …
Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed.
Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed.
Michigan Law Review
Plaintiff purchased at a retail shop some perfume manufactured by defendant. Plaintiff suffered a second-degree burn when she applied the perfume to her skin, and brought suit against the manufacturer. The lower court entered a judgment for the defendant after the jury had brought in a verdict for the plaintiff. Held, reversed, and lower court ordered to render its judgment in favor of plaintiff upon verdict returned by jury; the manufacturer was liable for negligence to the plaintiff even though there was no privity of contract between them. Carter v. Yardley & Co., Limited, (Mass. 1946) 64 N.E. …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.
Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.
Michigan Law Review
Defendant published as a news items in its newspaper the fact that the plaintiff had been sued for the alleged alienation of one Emerson's wife, and also printed matter contained in Emerson's declaration. This publication occurred before the alienation suit was tried. Later, a verdict was rendered in that suit in favor of the present plaintiff. The lower court in the libel action decided in favor of the plaintiff. Held, affirmed. The publication of the report of the filing of the action and the charges made in the declaration before any judicial action had been taken was not privileged. …
Development In The Law Of Torts In Indiana, 1940-1945, Fowler V. Harper
Development In The Law Of Torts In Indiana, 1940-1945, Fowler V. Harper
Indiana Law Journal
No abstract provided.
Master's Liability For The Wilful Assault Of His Servant, Frank Selby Hurst
Master's Liability For The Wilful Assault Of His Servant, Frank Selby Hurst
Kentucky Law Journal
No abstract provided.
The Tort Liability Of A City For A Municipal Airport, A. E. Funk Jr.
The Tort Liability Of A City For A Municipal Airport, A. E. Funk Jr.
Kentucky Law Journal
No abstract provided.
Torts-Damages From Shock-Liability For Mental Injury Caused By Defendant's Suicide In Plaintiff's Home, Samuel D. Estep S.Ed.
Torts-Damages From Shock-Liability For Mental Injury Caused By Defendant's Suicide In Plaintiff's Home, Samuel D. Estep S.Ed.
Michigan Law Review
Decedent was the close neighbor of the plaintiff and her husband. While they were absent from home, decedent, at that time a guest in the home, committed suicide in plaintiff's kitchen. When plaintiff opened the door she saw the body, and started to fall but was caught by her husband. A physician to whom she was taken pronounced her condition as one of shock. Subsequently she was restless, nervous and found difficulty in sleeping. She now sues the estate of decedent for damages resulting from what she alleges was the willful act of decedent. The trial court gave a directed …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Legal Liability For War Damage, John Hanna
Legal Liability For War Damage, John Hanna
Michigan Law Review
This article considers some of the rules for determining liability for economic loss in respect of war claims, especially as applied in connection with claims of life insurance companies for loss of premiums, of insurers of property for war risk insurance premiums, of property insurers for sums paid to foreign policyholders on war losses, and of owners seeking to recover for loss of expected profits. The rules discussed are broadly applicable to international claims in general.
Limitations Of Action-Statute Of Limitations As Guide For Determination Of Laches Where Concurrent Remedies Are Available In Law And Equity, Craig E. Davids S.Ed.
Limitations Of Action-Statute Of Limitations As Guide For Determination Of Laches Where Concurrent Remedies Are Available In Law And Equity, Craig E. Davids S.Ed.
Michigan Law Review
In 1926 Bovay, one of the complaining trustees in bankruptcy herein, organized an Arkansas corporation to construct and operate a vehicular traffic bridge across the Mississippi River. Defendants agreed to finance the project but were dissatisfied with the voting control of the Arkansas corporation lodged in Bovay and organized a Delaware corporation, the bankrupt herein, to take an assignment of the bridge franchise. The bankrupt issued 60,000 shares of no par value common stock, 40,000 shares going to defendants though no consideration was paid, and 20,000 shares to Bovay. Defendants also named five of the nine members of the board …
Torts-Liability Of Negligent Driver To One Who Goes To His Rescue, Margaret Groefsema S.Ed.
Torts-Liability Of Negligent Driver To One Who Goes To His Rescue, Margaret Groefsema S.Ed.
Michigan Law Review
Where plaintiff went to the aid of defendant who lay pinned beneath the wheel of his car after a collision caused by his own negligent driving, the Michigan Supreme Court held that plaintiff could recover for injuries sustained when the car rolled back upon her as she was attempting to remove defendant. Brugh v. Bigelow, (Mich. 1944) 16 N.W. (2d) 668.
Abstracts, Katharine Loomis
Abstracts, Katharine Loomis
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Tort Liability Of A Soldier Or Subordinate Officer Acting In Obedience Of Orders, J.D. Mann
Tort Liability Of A Soldier Or Subordinate Officer Acting In Obedience Of Orders, J.D. Mann
Indiana Law Journal
No abstract provided.
Book Review. Res Ipsa Loquitur, Presumptions And Burden Of Proof By Mark Shain, Fowler V. Harper
Book Review. Res Ipsa Loquitur, Presumptions And Burden Of Proof By Mark Shain, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Torts--The Accidental Trespass, C. Kilmer Combs
Torts--The Accidental Trespass, C. Kilmer Combs
Kentucky Law Journal
No abstract provided.
Torts--Effect Of A Breach Of A Safety Statute--Proximate Cause, C. Kilmer Combs
Torts--Effect Of A Breach Of A Safety Statute--Proximate Cause, C. Kilmer Combs
Kentucky Law Journal
No abstract provided.
Proximate Cause--Contributory Negligence--The Last Clear Chance Doctrine--Chesapeake And Ohio Railway Company V. Poe, Anne F. Noyes
Proximate Cause--Contributory Negligence--The Last Clear Chance Doctrine--Chesapeake And Ohio Railway Company V. Poe, Anne F. Noyes
Kentucky Law Journal
No abstract provided.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Judicial Legislation-Patent Law-Has The Doctrine Of Contributory Infringement Been Repudiated?, John B. Waite
Judicial Legislation-Patent Law-Has The Doctrine Of Contributory Infringement Been Repudiated?, John B. Waite
Michigan Law Review
When leaders quarrel the rank and file may flounder; and, in their recent decision of Mercoid Corp. v. Mid-Continent Investment Co., the justices of the Supreme Court have created confusion for lawyers. Four of the seven opinions clearly express intent to promulgate a new rule of law; two deny that intent; one is indefinite; and the purpose of the Court as a whole is left in doubt. Though the decision affects only the patent law, the process of decision concerns every lawyer.
Negligence -Automobiles - Illegal Parking - Does Negligence Of Second Actor Relieve Original Tort-Feasor Of Liability?, Michigan Law Review
Negligence -Automobiles - Illegal Parking - Does Negligence Of Second Actor Relieve Original Tort-Feasor Of Liability?, Michigan Law Review
Michigan Law Review
Plaintiff brings action for personal injuries sustained when the car of defendant P, negligently driven, struck the rear of the car of defendant R, which was parked on the highway in violation of the Pennsylvania Vehicle Code. The lower court gave verdict and judgment for plaintiff against both defendants. Defendant R appeals. Held, reversed, and judgment entered for defendant R. In order for defendant R to be liable it must appear that his illegal parking was a concurrent cause of the accident; and in cases which involve illegally parked vehicles the Pennsylvania courts have adopted the …
Doctrine Of Discovered Peril, William Burns Lawless
Doctrine Of Discovered Peril, William Burns Lawless
Journal Articles
The Indiana legislature has in substance adopted the Uniform Conditional Sales Law. Where the conditional seller of goods subsequently affixed to a freehold fails to record his contract, he has virtually no rights whatsoever as against subsequent purchasers and mortgagees. It is inescapable that the conditional seller's reservation of title under an unrecorded contract would be invalid as against, a subsequent mortgagee, and that he in no way could replevy the furnace, even though its removal would occasion little or no injury to the freehold. I have attempted to show it is a minority rule differing and distinct from the …