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Articles 8191 - 8220 of 9013
Full-Text Articles in Law
Torts--Right Of Privacy--Violation By Unauthorized Publication Of Picture For Commercial Use, E. I. E.
Torts--Right Of Privacy--Violation By Unauthorized Publication Of Picture For Commercial Use, E. I. E.
West Virginia Law Review
No abstract provided.
Statutory Violation Labeled Negligence Per Se
Statutory Violation Labeled Negligence Per Se
Indiana Law Journal
Notes and Comments: Torts
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Michigan Law Review
When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …
Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr.
Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr.
Michigan Law Review
Plaintiff was a cafeteria operator in a small village. Defendants, two storekeepers in the same village, agreed to inform the wholesaler who supplied both defendants and the plaintiff that they would cease trading with him if he continued to supply plaintiff. The wholesaler acquiesced, and plaintiff's business soon failed because his sole practical source of supply was cut off. At the close of plaintiff's evidence, defendants moved for judgment as in the case of nonsuit, which was granted. Held, affirmed. One of the requisites of an illegal boycott is a conspiracy. Plaintiff failed to show coercion, which is an …
Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review
Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review
Michigan Law Review
Plaintiff's wife, a Caucasian, having business with a tenant on the fifteenth floor, entered defendant's elevator containing other whites. She and a Negro woman were directed by the operator to take an elevator in the rear of the store used for freight and Negro passengers; and being ignorant of this latter fact, she used this elevator. Asserting that she was wrongfully excluded from the elevator for white people and thereby was considered to be a negro by both whites and colored people, she claimed to have suffered mental anguish, humiliation, and physical suffering. Held, the defendant, while not a …
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Michigan Law Review
Plaintiff, a guest of the defendant hotel, left his trunk at the hotel check room and received a receipt which stated on the back that the defendant would not be liable in excess of $25 for any loss resulting from its negligence. When the plaintiff called for the trunk, it could not be found. Held, the defendant is liable for the full value of the trunk, since a bailee for hire cannot limit his liability for his own negligence. Oklahoma City Hotel Co. v. Levine, (Okla. 1941) 116 P. (2d) 997.
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Michigan Law Review
Plaintiff was injured by biting into a fishhook imbedded in a plug of chewing tobacco bought from an independent dealer and manufactured by defendant. There was evidence that another person had discovered a foreign particle in another plug made by defendant, but he did not know the exact identity of the substance. Held, that while the plaintiff's injury alone cannot raise an inference of negligence, the additional evidence of the second incident was sufficient to present the question to the jury, which found for the plaintiff. Caudle v. F. M. Bohannon Tobacco Co., 220 N. C. 105, 16 …
Negligence - The "Same Hazard" Principle - Nonliability In Event Of Injury From A Hazard Of Different Type From That Which Justified Imposition Of Duty To Use Due Care, Michigan Law Review
Negligence - The "Same Hazard" Principle - Nonliability In Event Of Injury From A Hazard Of Different Type From That Which Justified Imposition Of Duty To Use Due Care, Michigan Law Review
Michigan Law Review
In a previous suit by plaintiff against a policy holder, defendant, who was the insurer and conducted the defense for the insured, rejected an offer made by plaintiff to settle the claim for less than the policy limit, which was $5,000. There was thereafter a verdict for plaintiff for $7,500, which was satisfied to the amount of $5,000. Plaintiff then brought an action against the defendant insurance company in the name of the policy holder to recover the remainder of the judgment on the ground that defendant was negligent in rejecting the plaintiff's settlement offer. Held, plaintiff stated no …
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Michigan Law Review
Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Michigan Law Review
A recent case decided by the Supreme Court of Pennsylvania and a recent article appearing in the University of Pennsylvania Law Review have served to focus attention upon the interesting problem of the liability, on other than warranty principles, of the vendor of a defective chattel. Because of the line of attack taken in the dissenting opinion and in the article, attention is directed, specifically, to the vendor's duty of inspection and, incidentally, to the liability of the manufacturer of a defective article, the reasons for that liability, and the question: Are the situations of the actual maker and the …
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Michigan Law Review
Defendant, a department store, signed plaintiff's name without his knowledge or consent to a telegram which it caused to be sent to the governor of Oregon. The telegram urged the veto of a bill which, had it become law, would have prevented defendant from continuing the practice of optometry. Plaintiff brought suit to recover damages for the invasion of his right of privacy. Held, on appeal from the lower court's judgment sustaining defendant's demurrer, that the complaint stated a cause of action. Hinish v. Meier & Frank Co., (Ore. I94I) I I3 P. (2d) 438.
Negligent Failure To Stop Escalator
Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review
Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review
Michigan Law Review
Plaintiff, having recovered a judgment against insured defendant for injuries sustained in an automobile accident, filed a supplemental bill against defendant's insurer to recover the 'insurance money. The statute granting plaintiff this right provides that whenever damage occurs for which the insured is responsible, the liability of the insurer "shall become absolute," and upon his obtaining a judgment against the assured, the injured person shall be entitled to have the insurance money applied to satisfy the judgment. The insurer defended on the ground that the insured violated a condition of the policy by failing to cooperate in the defense of …
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Michigan Law Review
The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …
Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner
Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner
Maryland Law Review
No abstract provided.
Torts In The Conflict Of Laws, Moffatt Hancock
Torts In The Conflict Of Laws, Moffatt Hancock
Michigan Legal Studies Series
There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …
Liability For Defective Brakes In A Borrowed Car - Sothoron V. West
Liability For Defective Brakes In A Borrowed Car - Sothoron V. West
Maryland Law Review
No abstract provided.
Carrier's Liability For Injury To Passenger Resulting From Third Party's Act - Pennsylvania Railroad Company V. Cook
Maryland Law Review
No abstract provided.
Publication Of A Debt--Newspaper's Liability, Mary Louise Barton
Publication Of A Debt--Newspaper's Liability, Mary Louise Barton
Kentucky Law Journal
No abstract provided.
The Negligent Battery In Criminal Law, Robert M. Spragens
The Negligent Battery In Criminal Law, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
A Negligent Criminal Assault?, Roy Vance Jr.
A Negligent Criminal Assault?, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
Is There A Negligent Civil Battery?, Helen C. Stephenson
Is There A Negligent Civil Battery?, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.
Civil Assault--Intent And Negligence, William B. Buford
Civil Assault--Intent And Negligence, William B. Buford
Kentucky Law Journal
No abstract provided.
Tort Suit By Wife Against Husband's Employer - Riegger V. The Bruton Brewing Company
Tort Suit By Wife Against Husband's Employer - Riegger V. The Bruton Brewing Company
Maryland Law Review
No abstract provided.
Negligence: Physical Defects As Affecting The Standard Of Care In Civil And Criminal Cases, Roy Vance Jr.
Negligence: Physical Defects As Affecting The Standard Of Care In Civil And Criminal Cases, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens
Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Objective Factors As Part Of The Circumstances In Cases Involving Civil Negligence, Helen C. Stephenson
Objective Factors As Part Of The Circumstances In Cases Involving Civil Negligence, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.
Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher
Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr.
The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr.
Kentucky Law Journal
No abstract provided.
Torts--Injury To Property--Blasting, Marcus Redwine Jr.
Torts--Injury To Property--Blasting, Marcus Redwine Jr.
Kentucky Law Journal
No abstract provided.