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Articles 8221 - 8250 of 9013
Full-Text Articles in Law
The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens
The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Michigan Law Review
A person who has appropriated the land or chattels of another may prefer to return the subject matter rather than be held liable for its money equivalent in a law suit brought by the rightful owner. Whether the appropriator will improve his position by tendering specific restitution presents an interesting question. Because of the numerous remedies at the owner's disposal, it is impossible to formulate a single, concise answer.
Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.
Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.
West Virginia Law Review
No abstract provided.
Landlord And Tenant--Duty To Repair--Gratuitous Promise By Landlord, P. W. H.
Landlord And Tenant--Duty To Repair--Gratuitous Promise By Landlord, P. W. H.
West Virginia Law Review
No abstract provided.
Torts--Contributory Negligence--Extent Of Duty To Protest Against Reckless Driving, G. W. E.
Torts--Contributory Negligence--Extent Of Duty To Protest Against Reckless Driving, G. W. E.
West Virginia Law Review
No abstract provided.
Admiralty - Uniformity Rule, William C. Whitehead
Admiralty - Uniformity Rule, William C. Whitehead
Michigan Law Review
From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Michigan Law Review
Plaintiff was forcibly ejected from defendant's theatre by defendant's employees and brought this action for damages for assault and battery. Defendant offered testimony attempting to justify the ejection on the ground that plaintiff was creating a disturbance. The trial judge instructed the jury that the question of plaintiff's conduct was immaterial and that a theatre owner could eject a patron at any time with or without cause. Held, that the instruction was erroneous. Despite the revocable character of the license granted by a theatre ticket a theatre owner does not have the right to eject a patron without cause. …
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Michigan Law Review
Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Washington Law Review
The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. …
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Michigan Law Review
While walking behind defendant through woodland, plaintiff suffered an eye injury caused by the negligence of the defendant in bending over a small sapling and allowing it to fly back and strike plaintiff. Verdict and judgment were for plaintiff. Defendant moved for a directed verdict on the ground of assumption of risk, and appealed from a denial of the motion. Held, from the facts of the case, it cannot be ruled as a matter of law that the plaintiff knew and comprehended the danger which caused his injury and that he voluntarily exposed himself thereto, and, therefore, the judgment …
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Michigan Law Review
Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …
Libel Of Relatives Of A Deceased Person
Workmen's Compensation Act--Employer's Right To Subrogation, P. J. O'F., W. H. S.
Workmen's Compensation Act--Employer's Right To Subrogation, P. J. O'F., W. H. S.
West Virginia Law Review
No abstract provided.
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Michigan Law Review
Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and …
Automobiles--The Family Purpose Doctrine--Liability Of Owner For Negligent Operation By Guest Of Son, L. R. M., K. W. Jr.
Automobiles--The Family Purpose Doctrine--Liability Of Owner For Negligent Operation By Guest Of Son, L. R. M., K. W. Jr.
West Virginia Law Review
No abstract provided.
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Michigan Law Review
Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.
Right Of Privacy Of Public Characters
Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]
Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]
Washington and Lee Law Review
No abstract provided.
Torts-Liability In Conversion Of Landlord Disposing Of Chattels Left On Premises By Former Tenant [Row V. Home Savings Bank, Mass. 1940]
Washington and Lee Law Review
No abstract provided.
Torts-Right Of Child To Recover From Doctor For Injuries Received Before Birth As Result Of Negligent Treatment Of The Mother [Stemmer V. Kline, N. J. 1940]
Washington and Lee Law Review
No abstract provided.
Battersey's Case (1623): Some Ups And Downs Of The Rule Three Pronounced, Affecting Contributions Between Joint Wrongdoers, John H. Hatcher
Battersey's Case (1623): Some Ups And Downs Of The Rule Three Pronounced, Affecting Contributions Between Joint Wrongdoers, John H. Hatcher
West Virginia Law Review
No abstract provided.
Some Problems Confronting Counsel In Defense Of Automobile Negligence Cases, Bert Beasley
Some Problems Confronting Counsel In Defense Of Automobile Negligence Cases, Bert Beasley
Indiana Law Journal
An address by the Honorable Bert Beasley of the Marion County Bar at the Legal Institute sponsored by the Indiana State Bar Association at the Claypool Hotel, Indianapolis, Indiana, on January 24, 1941.
Suggestions For The Trial Of Automobile Damage Suits, Charles A. Lowe
Suggestions For The Trial Of Automobile Damage Suits, Charles A. Lowe
Indiana Law Journal
An address by the Honorable Charles A. Lowe of the Lawrenceburg, Indiana, Bar before the Legal Institute sponsored by the Indiana State Bar Association at the Claypool Hotel, Indianapolis, Indiana, on January 24, 1941.
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Michigan Law Review
Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act …
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Michigan Law Review
Plaintiff brought suit to recover damages for injuries allegedly sustained because of the unsafe condition of a hotel building owned and operated by the defendant trustee. The trustee was an insolvent bank and trust company in the hands of the state superintendent of banks, who was also joined as defendant. The prayer was for a "judgment against the defendants in their fiduciary capacity toward the trust." On appeal of the lower court's judgment sustaining defendants' demurrer, held, that the trustee could be sued in his representative capacity. Carey v. Squire, 63 Ohio App. 476, 27 N. E. (2d) …
Tort Liability Of Motorist To Guest Dashiell V. Moore
Tort Liability Of Motorist To Guest Dashiell V. Moore
Maryland Law Review
No abstract provided.
Degree Of Care Owed By A Motorist To Children On The Highway - Contributory Negligence - Bozman V. State, Use Of Cronhardt
Maryland Law Review
No abstract provided.
Negligence: The Standard Of Care Required Of Physicians, Roy Vance Jr.
Negligence: The Standard Of Care Required Of Physicians, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.