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Articles 8341 - 8370 of 8892

Full-Text Articles in Law

Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review Apr 1938

Negligence - Contributory Negligence - Last Clear Chance - Discovered Peril - Railroad Grossing Accident, Michigan Law Review

Michigan Law Review

Plaintiff's decedent was killed in a collision, between his car and defendant's train, which occurred at a crossing in a small town. Crossing signals were in operation, and deceased drove onto the track with his attention on a switching train at his right. A passenger train came along from his left at an excessive speed and without signalling. The engineer testified that, after he saw decedent, he could have stopped the train, or slowed down enough so that decedent could have crossed safely. Held, plaintiff entitled to recover. Missouri Pac. R. R. v. Huffman, (Ark. 1937) 108 S. …

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Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review Apr 1938

Negligence - Attractive Nuisance Doctrine - Liability To Infant Trespassers, Michigan Law Review

Michigan Law Review

A thirteen-year-old boy was killed while standing under a defective hoist in defendant's ice plant. There was evidence that for three or four years children had been accustomed to frequent the plant and play there without apparent objection from the defendant. Held, the defendant was liable for breach of a duty to use due care in maintaining a dangerous hoist accessible to children who were so frequently present in the plant as to imply a tacit assent to their presence. Weimer v. Westmoreland Water Co., 127 Pa. Super. 201, 193 A. 665 (1937).

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Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review Apr 1938

Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review

Michigan Law Review

Plaintiff, a customer in defendant's store, was injured when, as she reached the intersection of two aisles, she was struck by a child riding a tricycle which belonged to defendant. There was no proof that defendant customarily permitted children to ride the tricycles displayed for sale; nor was it shown that defendant had authorized its use on this occasion. Held (two judges dissenting), defendant not liable. Barnes v. J. C. Penney Co., 190 Wash. 633, 70 P. (2d) 311 (1937).

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Release Of Claim For Personal Injury--Right In Action As Law To Avoid Release Based On Mutual Mistake Of Fact, A. L. B. Apr 1938

Release Of Claim For Personal Injury--Right In Action As Law To Avoid Release Based On Mutual Mistake Of Fact, A. L. B.

West Virginia Law Review

No abstract provided.

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Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review Mar 1938

Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review

Michigan Law Review

Plaintiff sued to recover for personal injuries sustained when riding with defendants in the latters' automobile. The parties were on a few days' pleasure trip. It was apparently the tacit and mutual understanding that the expenses of transportation, hotels, etc., would be shared equally. Held, plaintiff was a guest within the meaning of the guest statute, and thus had no right of recovery against the driver or owner for injury resulting from the negligence of the driver. McCann v. Hoffman, (Cal. 1937) 70 P. (2d) 909.

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Negligence - Proximate Cause -Train Obstructing Highway - Failure To Warn Of Obstruction - Ice On Highway, Michigan Law Review Mar 1938

Negligence - Proximate Cause -Train Obstructing Highway - Failure To Warn Of Obstruction - Ice On Highway, Michigan Law Review

Michigan Law Review

Deceased, for whose death an administratrix sued defendant railroad, was a guest in a car which collided with a standing freight car at a highway crossing. The train was unlighted; the crossing unguarded; the visibility poor (as the accident occurred at about nine-thirty in the evening, during a snow storm). The hostdriver did not see the train until he was rather close to it; but he testified that, had it not been for ice concealed under the snow on the road, he could have stopped, after he saw the car on the crossing in time to have avoided a collision. …

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Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review Mar 1938

Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review

Michigan Law Review

A statute prohibited bucketing operations by dealers in securities and commodities, and provided penalties for such offenses. Plaintiff alleges that, acting without knowledge of defendant's illegal operations, he gave the defendant an order for the purchase of stock, which, he says, was not executed, as defendant reported, but "bucketed" in a manner prohibited by statute. Plaintiff sued to recover damages. Defendant demurred on the grounds (1) that the transaction referred to was not bucketing, but (2) that if it was, defendants were not liable to this plaintiff as the latter was not within the class of persons intended to be …

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Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review Feb 1938

Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review

Michigan Law Review

A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily …

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Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review Feb 1938

Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review

Michigan Law Review

In an automobile guest action for injuries received when defendant drove his auto against the center pier of a viaduct on a city street, wherein the only defense was plaintiff's contributory negligence in remaining in the auto with knowledge that defendant was intoxicated, defendant testified that he was not under the influence of liquor. Held, defendant could not thereafter offer testimony of other witnesses to prove he was intoxicated at a time shortly after the accident, since his own testimony was in regard to facts peculiarly within his own knowledge and given apparently in good faith. Vondrashek v. Dignan …

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Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw Feb 1938

Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw

Michigan Law Review

Plaintiff, an eighteen-year-old girl, was riding in the front seat of a Ford coupe with three young men on a clear night. The car, driven by defendant, was going sixty to sixty-five miles per hour and in rounding a curve struck another car. Plaintiff was thrown out and injured. The driver of the second car was joined as codefendant. Held, when more than three persons occupy the front seat of a car, overcrowding it and hampering the driver, those overcrowding it are guilty of contributory negligence as a matter of law; and where the accident was caused by lack …

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Municipal Corporations--Liability For Tort--Swimming Pools, J. G. Mcc. Feb 1938

Municipal Corporations--Liability For Tort--Swimming Pools, J. G. Mcc.

West Virginia Law Review

No abstract provided.

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Judgment In Favor Of Servant As Bar To An Action Against Master For Same Tort--Criticism Of The Kentucky Rule, Hubert T. Willis, Charles M. Gadd Jan 1938

Judgment In Favor Of Servant As Bar To An Action Against Master For Same Tort--Criticism Of The Kentucky Rule, Hubert T. Willis, Charles M. Gadd

Kentucky Law Journal

No abstract provided.

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Recovery For Injury Without Impact: The Washington Cases, John W. Richards Jan 1938

Recovery For Injury Without Impact: The Washington Cases, John W. Richards

Washington Law Review

It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …

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The Doctrine Of Implied Warranty Between Restaurant-Keeper And Guest - Child's Dining Hall Co. V. Swingler Jan 1938

The Doctrine Of Implied Warranty Between Restaurant-Keeper And Guest - Child's Dining Hall Co. V. Swingler

Maryland Law Review

No abstract provided.

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Liability Of Parents For Tort Of Child - Rounds, Admr. V. Phillips Et Al. - Kerrigan V. Carroll Et Al. Jan 1938

Liability Of Parents For Tort Of Child - Rounds, Admr. V. Phillips Et Al. - Kerrigan V. Carroll Et Al.

Maryland Law Review

No abstract provided.

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Who May Sue For Wrongful Death Caused And Occurring Outside The State Of The Forum Rose V. Phillips Packing Co., Inc. Jan 1938

Who May Sue For Wrongful Death Caused And Occurring Outside The State Of The Forum Rose V. Phillips Packing Co., Inc.

Maryland Law Review

No abstract provided.

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Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review Jan 1938

Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review

Michigan Law Review

A statute provided "No action shall be maintained by any person . . . against any city" unless the person injured filed notice of claim within three months after the injury. The plaintiff, an infant sixteen years of age, was injured when he fell into an unlighted, unguarded opening in a sidewalk at the city's memorial building, which the city had rented for the evening in question to a boy scout group of which plaintiff was a member. No statutory notice was filed. The court held the statute created a mandatory condition precedent, applying to infants as well as adults, …

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Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review Jan 1938

Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review

Michigan Law Review

The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers …

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Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook Jan 1938

Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook

Michigan Law Review

Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal …

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Torts - Prenatal Injuries To Infants, Frank B. Stone Jan 1938

Torts - Prenatal Injuries To Infants, Frank B. Stone

Michigan Law Review

This was an action by the administrator under the survival act. Decedent's mother while a passenger on the defendant's street-car was injured through negligence of an employee. Decedent thus suffered prenatal injuries to his skull from which he died three months after birth. The birth occurred 22 days after the accident and after a normal period of gestation. Held, there is no liability to an infant for prenatal injuries and therefore no cause of action existed in the child or survives to the administrator. Newman v. City of Detroit, 281 Mich. 60, 274 N. W. 710 (1937).

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Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper Jan 1938

Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely Jan 1938

A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely

Articles by Maurer Faculty

No abstract provided.

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A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely Jan 1938

A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely

Articles by Maurer Faculty

No abstract provided.

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Negligence - Duty To Control Conduct Of Another - Landowner's Duty To Those Outside His Premises, Michigan Law Review Jan 1938

Negligence - Duty To Control Conduct Of Another - Landowner's Duty To Those Outside His Premises, Michigan Law Review

Michigan Law Review

In violation of its rules prohibiting trespassing, defendant railroad's signal maintenance man invited a third person to shoot ducks from the signal tower. The trespasser, while in the tower, negligently shot plaintiff's decedent, who was shooting on adjacent land. Held, the defendant company did not violate its duty to use care commensurate with known danger, hence was not liable. DeRyss v. New York Cent. Ry., 275 N. Y. 85, 9 N. E. (2d) 788 (1937).

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Negligence - Duty To Rescue One In Peril - Last Clear Chance, Michigan Law Review Jan 1938

Negligence - Duty To Rescue One In Peril - Last Clear Chance, Michigan Law Review

Michigan Law Review

Plaintiff's decedent was killed when his car, stalled on a grade crossing, was struck by defendant's train. Plaintiff brought suit in a state court, joining with defendant company a resident signal tower watchman, who regulated the movements of two companies' trains at a railroad intersection near the grade crossing. Plaintiff alleged that the individual defendant saw, or should have seen, the stalled automobile on the track, and that he failed to stop the train and neglected to use the signal devices he controlled. The case was removed to a federal court. On plaintiff's motion to remand it was held, …

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Criminal Negligence--A Workable Definition, Phillip Schiff Jan 1938

Criminal Negligence--A Workable Definition, Phillip Schiff

Kentucky Law Journal

No abstract provided.

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Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii Jan 1938

Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii

Kentucky Law Journal

No abstract provided.

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Modern Tendency Toward The Protection Of The Aesthetic, V. V. C. Dec 1937

Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.

West Virginia Law Review

No abstract provided.

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Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W. Dec 1937

Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.

West Virginia Law Review

No abstract provided.

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Master And Servant--Loan Of Servant To Third Person--Liability For Negligent Injuries To Strangers By The Servant, H. G. W. Dec 1937

Master And Servant--Loan Of Servant To Third Person--Liability For Negligent Injuries To Strangers By The Servant, H. G. W.

West Virginia Law Review

No abstract provided.

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