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Full-Text Articles in Law

The Washington Guest Statute, John W. Richards Apr 1940

The Washington Guest Statute, John W. Richards

Washington Law Review

The Washington Guest Statute has survived seven years, four legislative sessions and thirteen opinions comparatively unscathed, and while an appraisal of its results cannot be adequate without statistical information as to the actions which were not brought because of its provisions, it is at least possible, on the basis of this rather limited material and experience, to point out what has been done with it and what problems lie ahead. It is proposed to discuss two of the questions which it raises: The meaning of the term "invited guest or licensee without payment for such transportation," thereby regretfully but unavoidably …

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Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske Apr 1940

Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske

Michigan Law Review

Plaintiff, administratrix of her husband's estate, brought an action against defendant newspaper to recover damages for the death of her husband, which she claimed resulted from worry over an alleged libel that defendant published. The trial court sustained defendant's demurrer to the declaration and plaintiff appealed. Held, since the "survival statute" does not preserve actions affecting character, the libel abated with the husband's death; and since mental anguish, worry, fear and loss of health are the several results of the wrongful act of libel, they cannot be made the basis of a new cause of action. Judgment for defendant …

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Notes On Presumptions, Judson F. Falknor Apr 1940

Notes On Presumptions, Judson F. Falknor

Washington Law Review

The opinion of the Supreme Court of Washington in Morris v. Chicago, Milwaukee, St. Paul & Pacific Railroad Company represents the most recent effort of the Washington court to bring order out of previously existing confusion in reference to the effect of the "presumption of due care" in the trial of wrongful death actions. The deceased was killed in a grade crossing collision between his truck and defendant's train. On the basis of disinterested testimony, the court first determined that, the presumption aside, the deceased was guilty of contributory negligence as a matter of law in failing to exercise reasonable …

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Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick Apr 1940

Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick

Michigan Law Review

The decedent recovered from defendant a judgment for personal injuries which was satisfied during deceased's lifetime. Six months later the deceased's death was caused by these same injuries. This action was brought by plaintiff as next of kin to recover damages for the wrongful death under the New York Wrongful Death Act. Held, the judgment recovered by plaintiff's intestate is a bar to this action notwithstanding the enactment of survival statutes which sweep away the rule that an action for personal injuries abates on the death of the injured party or wrongdoer. Fontheim v. Third Avenue Ry., 257 …

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Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review Apr 1940

Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review

Michigan Law Review

Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which …

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Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review Apr 1940

Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review

Michigan Law Review

Defendant, while asleep on the rear seat of the automobile driven by plaintiff, kicked the back of the front seat, thereby throwing plaintiff forward and causing plaintiff to lose momentary control. Plaintiff brought this action for injuries sustained when the car crashed into a culvert. Held, the trial court properly instructed the jury that defendant was entitled to a verdict if he was asleep at the time he kicked the front seat. The supreme court stated, "fundamentally to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a …

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Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review Apr 1940

Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review

Michigan Law Review

Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …

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Torts - Negligence - Duty Of Owner Of Place Of Public Amusement To Protect Against Criminal Acts, Michigan Law Review Apr 1940

Torts - Negligence - Duty Of Owner Of Place Of Public Amusement To Protect Against Criminal Acts, Michigan Law Review

Michigan Law Review

Plaintiff as patron of defendant's theater, while in the ladies' room located on one of the top floors of the theater, was assaulted and robbed. The testimony for the plaintiff showed an absence of attendants except on the main floor. At the end of the plaintiff's case the complaint was dismissed. Held, non-suit was erroneous; there was evidence from which the jury could infer that the defendant should reasonably have anticipated the happening of the incident and had failed to take reasonable precautions to guard against it. Hart v. Hercules Theatre Corp., (S. Ct. 1939) 13 N. Y. …

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Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review Mar 1940

Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review

Michigan Law Review

Plaintiff sued defendants, including plaintiff's husband, for jointly causing a false charge of adultery to be made against plaintiff in a divorce suit. The defendants' demurrer to the complaint was sustained in the trial court as to each and all of the defendants. Held, that although plaintiff's husband was immune from liability, a cause of action had been made out against all the rest of the defendants, and the judgment in their favor was reversed. Ewald v. Lane, (App. D. C. 1939) 104 F. (2d) 222.

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Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review Mar 1940

Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review

Michigan Law Review

Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for …

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Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review Mar 1940

Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review

Michigan Law Review

Plaintiff, a chauffeur, had been the victim of a hold-up and shooting, suffering serious injury. Defendant sponsored a radio broadcast in which plaintiff's name was used dramatizing the affair. On hearing the broadcast, plaintiff sued in tort alleging that he suffered mental anguish and physical shock which resulted in impairing his ability to drive and caused him to be discharged from his job. Held, defendant's motion to dismiss denied, as plaintiff had stated a cause of action for invasion of a right of privacy. Mau v. Rio Grande Oil, Inc., (D. C. Cal. 1939) 28 F. Supp. 845.

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Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review Mar 1940

Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review

Michigan Law Review

Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.

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Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg Mar 1940

Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg

Michigan Law Review

Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …

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Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review Mar 1940

Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review

Michigan Law Review

While seated in his car waiting for a traffic light to change, plaintiff was injured by the precipitation of debris caused by an explosion within the remaining walls of a building which defendant and his servants were razing. During the wrecking operations masses of bricks occasionally fell on a roped-off portion of the sidewalk under which ran two pipes through which gas was delivered to the building. After defendant's servants detected the escape of gas, the gas company removed the meters and plugged the pipes in the cellar. Gas continued to escape, and defendant was informed of its presence by …

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Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers Mar 1940

Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers

Michigan Law Review

Plaintiff purchased a pearl necklace from the defendant. In a suit for fraud, plaintiff alleged that the defendant had misrepresented the quality of the necklace and his own expert ability. Before purchasing, plaintiff had secured the services of another expert. The trial court found that there was no reliance by the plaintiff on the defendant's misrepresentation and that the plaintiff was guilty of contributory negligence. Held, by the trial court, (1) that lack of reliance barred recovery for fraud; (2) that contributory negligence barred recovery for negligent misrepresentation; and (3) that if New York courts recognize a liability without …

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Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review Mar 1940

Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review

Michigan Law Review

Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …

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Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon Mar 1940

Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon

Michigan Law Review

After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.

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Benefits Received From Third Parties In Mitigation Feb 1940

Benefits Received From Third Parties In Mitigation

Indiana Law Journal

Recent Case Notes: Damages

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Certainty Of Amount Or Extent Of Damage-Loss Of Profits Feb 1940

Certainty Of Amount Or Extent Of Damage-Loss Of Profits

Indiana Law Journal

Recent Case Notes: Damages

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Mental Suffering Feb 1940

Mental Suffering

Indiana Law Journal

Recent Case Notes: Damages

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Personal Injury Action By Unemancipated Brother Against Unemancipated Sister Feb 1940

Personal Injury Action By Unemancipated Brother Against Unemancipated Sister

Indiana Law Journal

Recent Case Notes: Torts

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Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer Feb 1940

Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer

Michigan Law Review

Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.

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Negligence - Causation - Failure To Sign License, Michigan Law Review Feb 1940

Negligence - Causation - Failure To Sign License, Michigan Law Review

Michigan Law Review

A New Hampshire statute provided that a motor vehicle operator's license should not be valid until endorsed on the margin by the operator. In a negligence action arising out of an automobile collision it was shown that defendant operator's license had not been endorsed. Plaintiff requested the court to charge that defendant's license was not valid and that defendant's violation of the statute was a legal cause of the accident, entitling plaintiff to recover unless found guilty of contributory negligence. Held, that defendant's failure to endorse his signature was not such a statutory violation that plaintiff could take advantage …

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Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review Feb 1940

Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review

Michigan Law Review

Deceased was killed in a boxing match, death being largely the result of aggravated pneumonia, which had been contracted unknowingly two days before the bout. The alien father of the young boxer sought damages, for his son's wrongful death, from one member of the state athletic commission and its chief inspector. The theory of plaintiff's claim was that the officers were individually liable because of breach of their common-law and statutory duties to see that the boxer was given a proper physical examination before the fight. Held, on granting defendant's motion to dismiss, that the law imposed no duty …

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Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon Feb 1940

Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon

Michigan Law Review

The plaintiff sued defendant power company for damages resulting from the destruction of his building by fire. The electricity furnished by defendant, after being reduced by a transformer, passed from its main line through an auxiliary line to a point a few inches from plaintiff's building where it was connected with the wiring system of the building which had been installed, and at the time of the accident was controlled, by plaintiff. Failing to show by direct proof that the transformer was defective and the proximate cause of the loss, plaintiff's claim for negligent destruction of his building was predicated …

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Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review Feb 1940

Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review

Michigan Law Review

To collect a lawful debt of $61.80, defendant collecting agent wrote plaintiff three letters threatening to sue and to report plaintiff's poor pay record to the members of defendant association if payment was not promptly made. Plaintiff alleged that he was just recovering from a serious illness and that the defendant was aware of the plaintiff's weakened condition; that the defendant sent the letters intending to cause the plaintiff mental and physical injury, for the purpose of collecting the bill, and that the plaintiff did suffer a relapse as well as mental agony. The trial court sustained the defendant's demurrer. …

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Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review Jan 1940

Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review

Michigan Law Review

Plaintiff was a customer of a beauty shop; upon leaving the ladies' room connected with the shop, she fell at the entrance. The floor of the ladies' room was some seven inches higher than the floor of the shop, the door extending down to the level of the shop floor. This structural defect existed at the time of the lease, and there was no covenant to repair. Plaintiff sues defendant landlord, basing her claim in nuisance. Held, defendant landlord may be liable on negligence principles, since where a landlord leases premises on which he knows or should know that …

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May An Action For Trespass To Land In Another State Be Maintained In Kentucky?, W. L. Matthews Jr. Jan 1940

May An Action For Trespass To Land In Another State Be Maintained In Kentucky?, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.

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Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review Jan 1940

Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review

Michigan Law Review

The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …

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Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam Jan 1940

Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam

Michigan Law Review

Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …

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