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Articles 8251 - 8280 of 9013
Full-Text Articles in Law
Comparison Of The Civil And Criminal Liability Of Infants, Mary Louise Barton
Comparison Of The Civil And Criminal Liability Of Infants, Mary Louise Barton
Kentucky Law Journal
No abstract provided.
The Breach Of A Penal Statute Which Has For Its Purpose The Protection Of The Individual Members Of The General Public As Evidence Of Negligence, Glenn Denham
Kentucky Law Journal
No abstract provided.
Book Review. Handbook Of The Law Of Torts By William L. Prosser, Fowler V. Harper
Book Review. Handbook Of The Law Of Torts By William L. Prosser, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Liability Of Charitable Corporations And Trusts For Their Torts - State, Use Of Kalives, V. Eye, Ear And Throat Hospital
Maryland Law Review
No abstract provided.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Michigan Law Review
Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Michigan Law Review
Plaintiff had been a famous child prodigy in 1910. For twenty-five years he had lived a secluded life. Then in a recent article in the "New Yorker" magazine his private life was completely exposed. Plaintiff sued, alleging a violation of his common-law right of privacy. Held, that the complaint should be dismissed on the ground that the public has a legitimate interest in "any person who has achieved, or has had thrust upon him, the questionable and indefinite status of a 'public figure.'" Sidis v. F-R Publishing Corp., (C. C. A. 2d, 1940) 113 F. (2d) 806.
Negligence, The Standard Of Care Of Infants In Civil Cases, Mary Louise Barton
Negligence, The Standard Of Care Of Infants In Civil Cases, Mary Louise Barton
Kentucky Law Journal
No abstract provided.
Negligence: The Standard Of Care Required Of Physicians And Surgeons, Roy Vance Jr.
Negligence: The Standard Of Care Required Of Physicians And Surgeons, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
Abatement And Revival--Death Of The Wrongdoer, L. E. T. Ii
Abatement And Revival--Death Of The Wrongdoer, L. E. T. Ii
West Virginia Law Review
No abstract provided.
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Michigan Law Review
Plaintiff was passing under defendant's elevated railway structure when a small particle of steel coming therefrom dropped into his eye. In his suit for damages plaintiff relied on the application of the doctrine of res ipsa loquitur to make out a prima facie case for him. Held, the rule of res ipsa loquitur cannot apply to help plaintiff on such facts. Riles v. Murray, (N. Y. Cty. Ct. 1939) 12 N. Y. S. (2d) 648.
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Michigan Law Review
Plaintiff sued for injuries sustained when struck by a foul ball at a baseball game while seated in the unprotected bleachers of the municipal baseball park. Held, the fact that there was no choice of protected seats in the ball park would not justify the recovery against the defendant, for the plaintiff, while seated in these unprotected bleachers, assumed this risk which was reasonably incidental to the game of baseball. Adonnino v. Village of Mount Morris, 171 Misc. 383, 12 N. Y. S. (2d) 658 (1939).
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Michigan Law Review
Plaintiff was employed by defendant to assist in the work of redecorating defendant's building, and was injured because of defendant's alleged failure to provide a suitable place to work. To plaintiff's plea for damages defendant answered that since it was a charitable corporation it was, therefore, immune from such action. Held, charitable corporations are not immune from liability for torts by reason of any exemption accorded them on the basis of the purposes for which they were incorporated. Gable v. Salvation Army, 186 Okla. 687, 100 P. (2d) 244 (1940).
Torts-Prescriptive Right To Maintain A Nuisance [Benton V. Kernan, N. J. 1940]
Torts-Prescriptive Right To Maintain A Nuisance [Benton V. Kernan, N. J. 1940]
Washington and Lee Law Review
No abstract provided.
Right Of Privacy-Protection Against Publication Of News-Worthy Information [Sidis V. F-R Publishing Co., C. C. A. 2d, 1940].
Washington and Lee Law Review
No abstract provided.
Torts-Wife's Right Against Liquor Vendor To Recover For Loss Of Husband's Consortium [Pratt V. Daly, Ariz. 1940].
Washington and Lee Law Review
No abstract provided.
Torts-Property-Liability Of Vendor Of Real Property For Personal Injury To Tenant Of Vendee Caused By Defective Condition Of Premises [Pharm V. Lituchy, N. Y. 1940].
Washington and Lee Law Review
No abstract provided.
Telegraphs And Telephones-Qualified Privilege Of Telegraph Company To Transmit Defamatory Messages Where Sender Is Not Privileged [O'Brien V. Western Union Telegraph Co., C. C. A. Ist, 1940]
Washington and Lee Law Review
No abstract provided.
Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K.
Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K.
West Virginia Law Review
No abstract provided.
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Michigan Law Review
If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Michigan Law Review
When a person carrying a life or accident insurance policy dies as the result of an act committed by him in violation of the law, the beneficiaries may or may not be precluded from recovering upon it. In the absence of a special exclusionary clause, the general view is that the beneficiary may recover. However, if it appears that at the time the insured took out the policy he intended to commit a crime recovery is barred, at least if the death occurred within the contestability period. In order to delimit from the general coverage provisions the risks that would …
Negligence - Contributory Negligence As A Defense To Charge Of Nuisance, Benjamin W. Franklin
Negligence - Contributory Negligence As A Defense To Charge Of Nuisance, Benjamin W. Franklin
Michigan Law Review
Defendants were engaged in excavation work, which required the use of compressed air. The air was conducted from a compressor in the street across the sidewalk through a two-inch pipe. A permit had been obtained for crossing the sidewalk (but apparently there was some question as to whether its terms included crossing by the use of a pipe). This obstruction was flanked by two planks, two inches thick and twelve inches wide, beveled away from the pipe. One of the planks became tilted. Plaintiff stepped on it and it slipped under her weight, causing her to fall. In an action …
Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent
Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent
Michigan Law Review
Plaintiff sued for treble damages under the Anti-Trust Act, alleging that the defendants had conspired and combined to drive him out of the securities business. Plaintiff alleged that to accomplish their purpose the defendants published statements as to plaintiff's "criminal record." The facts are not clear, but it appears from the report that the crimes in question were committed twenty years previously, during plaintiff's youth. The trial court instructed the jury that "if that information was true [as to plaintiff's criminal record], the Better Business Bureau, regardless of its purpose in disseminating the information, would not be liable, is not …
Another New Tort?, Paul A. Leidy
Another New Tort?, Paul A. Leidy
Michigan Law Review
During the past two years there have come suggestions of at least two new torts: intentional infliction of mental suffering, and radio defamation. The ease with which the decision in Baxter v. Ford Motor Company has caught on, especially with legal scholars and with at least one American court, suggests that we may soon have to add a third. This one, however, will be more difficult to label, for the writers who applaud the result seem to be in almost complete disagreement as to the principle of the case; there are already several explanations and justifications for the liability imposed …
Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen
Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen
Michigan Law Review
Under the press of modern concepts of responsibility of business units it becomes necessary to re-examine the relation between the corner filling station and the big oil company that uses it as a means of getting its products before the consuming public. The factual situation is usually this: the operator may own the station, or may lease it from the oil company; the oil company invariably owns the equipment, such as gas pumps, tanks, and tank trucks, which it leases to the operator; by a sales contract the operator binds himself to sell only the petroleum products of the oil …
Damages - Contracts - Recovery For Mental Suffering, G. Randall Price
Damages - Contracts - Recovery For Mental Suffering, G. Randall Price
Michigan Law Review
Plaintiff bought a loaf of bread at defendant's bakery. After she had eaten half of one of the slices, plaintiff discovered a dead cockroach near the upper crust of the bread whereupon she became ill and suffered serious emotional disturbances. Held, no recovery for mental suffering arising out of breach of an implied warranty of wholesomeness. Wheeler v. Balestri, (Mass. 1939) 23N.E. (2d) 132.
Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review
Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review
Michigan Law Review
Plaintiff, purchaser of stock in Condor Pictures, Inc., brought an action against the officers of the corporation and the auditors who certified the registration statement, to recover damages under section II of the Securities Act of 1933. The action was founded upon misrepresentations and omissions in the registration statement, concerning a lease made by Condor Pictures, Inc., which the auditors failed to set up as a contingent liability. The defendants at the time of the suit stipulated that the stock had no market value, but the plaintiff did not offer any evidence of the actual value of the stock beyond …
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Michigan Law Review
The defendant manufacturer sold a storekeeper, as a protective weapon, a tear gas gun made to resemble a fountain pen, recommending to the storekeeper that the gun lie open and exposed in his shop and representing that tear gas was a harmless irritant and would not injure permanently. The plaintiff, a customer in the store, idly picked up the gun-pen from beside the cash register, and while examining it, ignorant of its nature, accidentally discharged it into his face. Permanent injuries resulted for which plaintiff sued defendant, claiming negligence. Held, two justices dissenting, that no act of negligence was …
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Michigan Law Review
Defendant manufacturer sold poisonous hair dye to a beautician, instructing her to warn patrons to keep their eyes closed when the dye was being applied. The beautician failed to so inform the plaintiff, a patron, and the plaintiff suffered injuries for which she now sues. Held, the manufacturer's warning to the immediate vendee did not relieve him of liability to vendee's patron. Petzold v. Roux Laboratories, 256 App. Div. 1096, 11 N. Y. S. (2d) 565 (1939).