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Full-Text Articles in Law

Admissible Evidence Of Viciousness Of Domestic Animal, Clarence Cornelius Jan 1940

Admissible Evidence Of Viciousness Of Domestic Animal, Clarence Cornelius

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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Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren Jan 1940

Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren

Michigan Law Review

Plaintiff placed an order with defendant pharmacist to have a rare photograph of plaintiff's deceased mother reproduced, the work to be done by defendant corporation. When the original picture was returned to plaintiff, it was stained, cracked, and otherwise disfigured, by reason of which plaintiff claimed he was caused physical and mental anguish. Held, plaintiff's recovery is limited to nominal damages. Furlan v. Rayon Photo Works, Inc.., 171 Misc. 839, 12 N. Y. S. (2d) 921 (1939).

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Duress By Third Party--Economic Compulsion Applied By Beneficiary Of Duress--Avoidance Of Release Therefor, W. E. N. Dec 1939

Duress By Third Party--Economic Compulsion Applied By Beneficiary Of Duress--Avoidance Of Release Therefor, W. E. N.

West Virginia Law Review

No abstract provided.

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Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review Dec 1939

Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review

Michigan Law Review

Plaintiff, a four-year-old child, accompanied his mother into defendant's department store. Having wandered over to a nearby escalator, he inserted his hand into the aperture where the steps go under the floor, and suffered the loss of two fingers for which injury this action was brought. Held, defendant's motion to dismiss the action was properly granted below, since an escalator, being an ordinary, common instrumentality constructed for ordinary and common use, is not an attractive nuisance. Kataoka v. May Department Stores Co., (D. C. Cal. 1939) 28 F. Supp. 3.

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Negligence - Liability For Injuries Following Emotional Disturbance - Fright Due To Plaintiff's Own Peril, Michigan Law Review Dec 1939

Negligence - Liability For Injuries Following Emotional Disturbance - Fright Due To Plaintiff's Own Peril, Michigan Law Review

Michigan Law Review

Plaintiff, a woman in good health, was caught in the defectively operated doors of the defendant's bus, as she was about to follow other passengers off the bus. She was released within two minutes. The doors of the bus being encased in rubber, plaintiff received no bruises, abrasions or other physical injuries; but she did suffer thereby a nervous disturbance manifesting itself in paralysis in several parts of her body. Held, plaintiff cannot recover for injuries resulting from emotional disturbance caused by the defendant's negligence because there was no physical injury concurrent with the emotional disturbance. Davis v. Cleveland …

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Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick Dec 1939

Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick

Michigan Law Review

Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to …

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The Test Of The Employment Relation, Gerald M. Stevens Dec 1939

The Test Of The Employment Relation, Gerald M. Stevens

Michigan Law Review

Labor's status is the subject of what seems to be an interminable war, with campaigns in the courts, on picket lines, in conference rooms, and in legislative halls. The prominence of these battles increases, if anything, the obscurity in which a closely related conflict is being worked out. For as long as there are important distinctions to be made on the basis of whether an employment relation exists, there is fairly certain to be at least some argument over the existence of that relation.

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Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review Dec 1939

Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review

Michigan Law Review

Defendant's agent conducted in plaintiff's store a demonstration of a fly-spray, manufactured by another company, intending to interest plaintiff in retailing it. The spray was placed in an electric difusor which gave off a fly-killing vapor. Plaintiff's wife, unknown to defendant, was allergic to pyrethrum, an ingredient of the spray, and became violently ill upon coming in contact with the vapor. An action for assault and battery was brought. Held, defendant was not liable in the absence of an intent to do harm. Brabazon v. Joannes Bros. Co., (Wis. 1939) 286 N. W. 21.

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Negligence - Contributory Negligence - Standard Of Care - Objective Or Subjective?, John H. Pickering Dec 1939

Negligence - Contributory Negligence - Standard Of Care - Objective Or Subjective?, John H. Pickering

Michigan Law Review

While anchoring a guy wire for a hay carrier on his farm, plaintiff suffered injuries caused by contact between the guy wire and a high tension line owned by defendant. After an answer denying negligence and setting up the defense of contributory negligence on the part of plaintiff, defendant had a directed verdict. Held, that the alleged contributory negligence of plaintiff was a question of fact for the jury which was to be guided by the standard of care of the ordinary, careful, prudent man in the situation of the injured party in all respects, the court saying, "We …

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Sales - Implied Warranty By Victualler, Michigan Law Review Dec 1939

Sales - Implied Warranty By Victualler, Michigan Law Review

Michigan Law Review

Plaintiff purchased a meal at defendant's restaurant, in connection with which he was served contaminated drinking water obtained from defendant's well; he became ill from drinking the water. Plaintiff sued on the theory of implied warranty by defendant of the fitness of the water sold under the Uniform Sales Act, and on the ground that the service of the contaminated water in violation of the Ohio Pure Food Law constituted negligence by defendant. Held, plaintiff may recover on either theory. Yochem v. Gloria, Inc., 134 Ohio St. 427, 17 N. E. (2d) 731 (1938).

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Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan Dec 1939

Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan

Michigan Law Review

Defendant, under a contract with the federal government to dredge the Chesapeake and Delaware Canal, deposited the effluent material dredged from the canal upon a disposal area owned by the government. The work was carried on under government supervision, and neither the government inspectors nor defendant's employees knew, nor apparently could they have known, of any defect in the retaining wall which had previously been built by the government to hold back the material. Defendant had had nothing to do with prior dredging operations, by which the level of fixed earth behind the retaining wall had been raised considerably. After …

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Torts - Liability Of Supplier Of Chattels To Third Persons, John J. Adams Nov 1939

Torts - Liability Of Supplier Of Chattels To Third Persons, John J. Adams

Michigan Law Review

Defendant leased trucks to plaintiff's employer for road construction purposes, contracting to keep them "in good working order" during the term of the lease. Plaintiff, while working alongside the road, was injured by one of the trucks driven by a fellow employee. Defective horn and brakes were responsible for the injury. Held, defendant is liable to plaintiff for breach of duty on any of three theories: (1) that defendant retained control of the trucks through his covenant to repair, the retention of control creating a duty of reasonable care to the lessee and his employees in making repairs; (2) …

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Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman Nov 1939

Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman

Michigan Law Review

Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …

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Damages - Measure Of Damages For Personal Injury - Inability To Enjoy Life As An Element Of Damage, Robert M. Warren Nov 1939

Damages - Measure Of Damages For Personal Injury - Inability To Enjoy Life As An Element Of Damage, Robert M. Warren

Michigan Law Review

Plaintiff sustained injuries to his spine and nervous system when defendant's dam burst and caught the automobile, in which plaintiff was riding, in a surge of water. Held, an instruction was erroneous which included, as an element of damage, plaintiff's inability on account of his injuries, to enjoy life in the manner to which he was accustomed. Northern Indiana Public Service Co. v. Robinson, (Ind. App. 1939) 18 N. E. (2d) 933.

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Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin Nov 1939

Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin

Michigan Law Review

Claimant had been adjudged insane and committed to a state hospital by order of the court. On March 6, 1936, he signed a petition for a writ of habeas corpus, placed it in an envelope addressed to his attorney and left it with an employee of the hospital to be mailed. In the past claimant had written many letters asking for assistance to men in public life, who in turn annoyed claimant's wife. The superintendent of the hospital, therefore, complying with the request of claimant's wife that all his letters be sent to her, mailed her the letter containing the …

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Insurance - Waiver And Estoppel As Applied To Excepted Risks, Michigan Law Review Nov 1939

Insurance - Waiver And Estoppel As Applied To Excepted Risks, Michigan Law Review

Michigan Law Review

The appellee insurance company issued a policy of automobile liability insurance covering a motor truck owned by appellant, which policy stated that the occupation of assured is "handling farm machinery, crane fixtures and paints," and that the use made of the truck should be commercial ("commercial" being defined as "the transportation or delivery of goods, merchandise or other materials, and uses incidental thereto, in direct connection with the named assured's business occupation . . . including the loading and unloading thereof"). Appellant began to transport tanks of butone gas, which fact was known by appellee's agency on the date the …

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Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud Nov 1939

Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud

Michigan Law Review

The defendant, the city of Green Bay, without charge maintained and operated a toboggan slide outside the city limits. While using the slide, plaintiff was injured due to the alleged negligence of the city in failing to remove a snowdrift at the bottom of the slide. It was admitted that plaintiff would have stated a good case of actionable negligence had the slide been operated by a private person. Defendant's demurrer was overruled by the trial court. Held, reversed with direction to enter an order sustaining the demurrer. Gegelski v. City of Green Bay, (Wis. 1939) 285 N. …

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Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske Nov 1939

Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske

Michigan Law Review

Defendant, a city engaged in supplying water to its inhabitants, was sued by plaintiff, a consumer, for injuries resulting from plaintiff's drinking of lead-poisoned water at a faucet in his home. The water, although pure at the meter, became poisoned when passing through a lead pipe inspected and approved by the water company but owned by the plaintiff. Plaintiff brought his action on two different theories: (1) on implied warranty; (2) in negligence. The trial court instructed the jury without exception or objection from defendant that they might find for plaintiff, under either of these theories. The defendant was successful …

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Torts - Liability Of Landowner To Pedestrian For Acts Of Third Persons, John J. Adams Nov 1939

Torts - Liability Of Landowner To Pedestrian For Acts Of Third Persons, John J. Adams

Michigan Law Review

Children built a fire in the street outside defendant's premises after business hours. They went on defendant's premises and took gasoline which defendant had allowed to collect in a drip can under a spigot. When they threw the gas toward the fire it splashed on plaintiff, an infant standing nearby; his clothing caught fire when he tripped and fell toward the fire. There was evidence that defendant knew the children had been playing on his premises. Held, that plaintiff has failed to show that defendant was negligent in the conduct of his business, and that the doctrine of attractive …

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Damages--Duty To Mitigate, A. F. G. Jun 1939

Damages--Duty To Mitigate, A. F. G.

West Virginia Law Review

No abstract provided.

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Damages--Recovery Under Wrongful Death Act, J. C. A. Jun 1939

Damages--Recovery Under Wrongful Death Act, J. C. A.

West Virginia Law Review

No abstract provided.

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Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl Jun 1939

Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl

Michigan Law Review

The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In …

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Bankruptcy -Trustee's Liability - Effect Of Requirement Of Deposit In Designated Depositary On Trustee's Common Law Duty Of Due Care, Russel T. Walker Jun 1939

Bankruptcy -Trustee's Liability - Effect Of Requirement Of Deposit In Designated Depositary On Trustee's Common Law Duty Of Due Care, Russel T. Walker

Michigan Law Review

In a suit to charge a trustee in bankruptcy for the loss of funds of the bankrupt estate caused by insolvency of the depositary bank, the trustee contended that as he had fulfilled the requirement of section 61 of the Bankruptcy Act by depositing the funds of the estate in a "designated depositary," he could not be charged with liability for any loss occurring thereafter; he argued that section 61 repealed, by implication, the trustee's common-law duty of due care in the handling of estate funds after they were deposited in a "designated depositary." Held, the fact that the …

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Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review Jun 1939

Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review

Michigan Law Review

Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He …

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A Footnote On Dangerous Animals, Mary Coate Mcneely Jun 1939

A Footnote On Dangerous Animals, Mary Coate Mcneely

Michigan Law Review

Much has been said and written by courts and authors on different aspects of the question of liability for injuries by animals, but there remains the task of fitting all these pieces into a complete pattern. The general subject of liability of the possessor of harm-producing animals has been treated on two separate and independent theories: (1) trespass, for injuries by marauding cattle; (2) case, for harms caused by animals other than trespassing cattle. The explanation for the separation of these two bodies of law is in part historical, the possessor of straying cattle being historically so identified with them …

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United States - Government Corporations - Home Owners' Loan Corporation Not Suable In Tort, John H. Uhl Jun 1939

United States - Government Corporations - Home Owners' Loan Corporation Not Suable In Tort, John H. Uhl

Michigan Law Review

An action was brought in tort for damages sustained in a fall on ice on the sidewalk in front of premises which were in the possession and control of the Home Owners' Loan corporation. The defendant corporation was created under the Home Owners' Loan Act passed by Congress in 1933 which provides that it "shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State." The corporation moved to dismiss the action, claiming that as an instrumentality of the United States it could not be sued without the consent of Congress and that …

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Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review May 1939

Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review

Michigan Law Review

Plaintiff alleged that while he was carefully crossing defendant's right of way, on a clearly defined and well worn footpath, he was struck by defendant's engine, which was backing toward the footpath in a "stealthy manner"; that defendant's servants failed to give warning as they were accustomed to do, or keep a lookout; that the footpath had been habitually used in crossing defendant's right of way for many years, that such crossing had been constant, open, and notorious as defendant knew; and that defendant had never objected to this use. Defendant demurred. Held, demurrer sustained on the ground that …

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Frauds - Actions - Proper Party Plaintiff, Michigan Law Review May 1939

Frauds - Actions - Proper Party Plaintiff, Michigan Law Review

Michigan Law Review

The American Law Institute Restatement of Torts states that a person injured by a fraudulent representation can recover from the maker only if the maker desired this injured person to rely on the representation. The maker's liability is further limited to those injuries arising from transactions in which the maker desired to influence the injured person.

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