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Articles 8341 - 8370 of 9011
Full-Text Articles in Law
Negligence - Contributory Negligence - Last Clear Chance Doctrine Applied To The Plaintiff - Necessity Of Actual Knowledge Of Danger, John H. Uhl
Michigan Law Review
The plaintiff was injured in a collision of the automobile in which she was riding, driven by her husband, and one driven by the defendant. The defendant, as an affirmative defense, alleged that as he was about to enter the intersection, his car skidded and went out of control; and that both the plaintiff and her husband saw the dangerous situation in sufficient time to have avoided the accident. The court instructed the jury that if the plaintiff or her husband saw, or by the exercise of reasonable diligence could have seen, that the defendant was in a place of …
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Michigan Law Review
A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable. Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).
United States - Government Corporations - Immunity From Suit, John H. Uhl
United States - Government Corporations - Immunity From Suit, John H. Uhl
Michigan Law Review
The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care …
Torts-Duty Owed By Railroad To Habitual Trespassers
Torts-Duty Owed By Railroad To Habitual Trespassers
Indiana Law Journal
No abstract provided.
Torts-Proximate Cause-Intervening Cause
Torts-Violation Of A Statutory Duty
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Michigan Law Review
It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …
Negligence - Contributory Negligence Of Children, Russel T. Walker
Negligence - Contributory Negligence Of Children, Russel T. Walker
Michigan Law Review
In an action for damages for injuries sustained by a boy six years and seven months of age through the alleged negligence of defendant, held, the court would not rule as a matter of law that a child of this age could not be contributorily negligent; it would leave the question of plaintiff's contributory negligence to the jury with instructions that a child can only be held to that degree of care which could reasonably be expected from a child of his own age, ability, and understanding under like circumstances. A vigorous dissent upheld the common-law rule that, as …
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Michigan Law Review
The defendant, a municipal corporation, used a poison spray on the trees on the highway under the authority and express duty of certain statutes that declared browntail moths and other insects a nuisance. This was done in such a manner that a part of the spray fell on the abutting land of the plaintiff, and caused the death of her poultry. The plaintiff instituted this action, relying on two counts, one alleging negligence and the other alleging an unreasonable use of the highway. Held, that the plaintiff could not recover on the first count because the abatement of this …
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Michigan Law Review
The plaintiff contracted with the defendant to construct a sewer 8,553 feet in length. The specifications supplied by the county engineer indicated that the construction could be carried on under "free air conditions." In fact, the plaintiff was forced to use compressed air for 6,142 feet. The contract stipulated that the county would pay $30 additional per foot where the plaintiff found it more convenient to use compressed air, not to exceed 600 feet. The use of compressed air increased the cost of construction to the plaintiff to the extent of $497,521.25. Held, that the county was liable for …
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Michigan Law Review
Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Michigan Law Review
The administrator of a deceased infant brought an action under the Massachusetts death statute to recover for the death of the child. Death was caused by the negligence of defendant's servant, the father of the deceased. Defendant contended that plaintiff should not prevail because the father, as one of the next of kin sharing in the distribution of the money recovered, would thereby profit from his own wrong. Held, the Massachusetts death statute was penal in nature, and since there was at least one beneficiary whose fault did not contribute to the wrongful death, recovery could be had without …
Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton
Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton
Michigan Law Review
A customer of the tenant sued the landlord for damage, to fur coats left with the tenant in the normal course of his business, from water, due to a leaky condition of the roof of the building which was in the control of landlord. Held, that it was the duty of the landlord to exercise reasonable care to keep the roof in reasonable repair not only as regards the safety of persons in the building but also as respects property lawfully there; that this duty was not performed and the damage resulted therefrom. Whelkin Coat Co. v. Long Beach …
Tort Liability Without Privity-Installation Of Imminently Dangerous Instrumentality
Tort Liability Without Privity-Installation Of Imminently Dangerous Instrumentality
Indiana Law Journal
No abstract provided.
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
Infants - Liability For Negligence Between Infants In Same Family, Henry L. Pitts
Infants - Liability For Negligence Between Infants In Same Family, Henry L. Pitts
Michigan Law Review
In an action by the special administrator of the estate of a six-year old minor under a wrongful death statute, the jury found that the automobile collision, in which the deceased child lost his life, was proximately caused by the negligence of decedent's unemancipated seventeen-year-old brother. Since any recovery would go to decedent's parents, the lower court dismissed the complaint. On appeal, held, reversed and remanded with directions to enter judgment in favor of decedent's mother. The upper court ruled that the death statute authorized such a suit by a parent, because it allowed the parent to sue where …
Torts - Action In Deceit For Promise Made With No Intent To Perform - Effect Of Unenforceability Of Contract Under Statute Of Frauds, Fred C. Newman
Torts - Action In Deceit For Promise Made With No Intent To Perform - Effect Of Unenforceability Of Contract Under Statute Of Frauds, Fred C. Newman
Michigan Law Review
Undertaking to state a cause of action sounding in tort, plaintiff alleged that defendant never intended to perform an oral contract for certain manufacturing and selling rights, but that, on the contrary, defendant's fraudulent purpose was to reap the benefits of plaintiff's investigation as to the value of the said manufacturing and selling rights without cost to defendant. Plaintiff, in reliance upon the oral contract, incurred expenses in connection with his investigation as to the value of the said selling rights and in preparation to take advantage of his contract. The contract itself was unenforceable because it was within the …
Book Review. The Judicial Process In Tort Cases By Leon Green, Fowler V. Harper
Book Review. The Judicial Process In Tort Cases By Leon Green, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
The Tort Liability Of The Proprietor Of A Passenger Elevator - O'Neill & Co. V. Crummitt
The Tort Liability Of The Proprietor Of A Passenger Elevator - O'Neill & Co. V. Crummitt
Maryland Law Review
No abstract provided.
Liability Of Railroad To Intruders Crossing Its Right Of Way - Jackson V. Pennsylvania R. Co.
Liability Of Railroad To Intruders Crossing Its Right Of Way - Jackson V. Pennsylvania R. Co.
Maryland Law Review
No abstract provided.
Conflict Of Laws--Torts--Suit In A Foreign Court On An Obligation Created By The Law Of The Place Of Tort, James D. Allen
Conflict Of Laws--Torts--Suit In A Foreign Court On An Obligation Created By The Law Of The Place Of Tort, James D. Allen
Kentucky Law Journal
No abstract provided.
Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes
Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes
Michigan Law Review
Defendant corporation was an owner and operator of taxicabs. One of its cabs was hailed by another taxicab driver to pursue the latter's taxicab which had just been stolen from him. During the pursuit defendant's taxicab struck plaintiff's car. Plaintiff seeks to recover from defendant for the damage to his car. Held, the driver of the cab was not acting in the scope of his employment so defendant cannot be held. Bindert v. Elmhurst Taxi Corp., (N. Y. Mun. Ct. 1938) 6 N. Y. S. (2d) 666.
The Doctrine Of Blue Valley Creamery Co. V. Cronimus, Richard Bush Jr.
The Doctrine Of Blue Valley Creamery Co. V. Cronimus, Richard Bush Jr.
Kentucky Law Journal
No abstract provided.
The Standard Of Care In Criminal Negligence; Manslaughter, Alan Roth Vogeler
The Standard Of Care In Criminal Negligence; Manslaughter, Alan Roth Vogeler
Kentucky Law Journal
No abstract provided.
Criminal Negligence--Is It Subjective Or Objective In Homicide Cases?, J. Wirt Turner Jr.
Criminal Negligence--Is It Subjective Or Objective In Homicide Cases?, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Torts--Contributory Negligence Of Passenger In Automobile, Richard Bush Jr.
Torts--Contributory Negligence Of Passenger In Automobile, Richard Bush Jr.
Kentucky Law Journal
No abstract provided.
The Negligent Murder, Marvin Tincher
Right Of Vendor To Maintain Action For Injury To Property By A Third Party, J. Wirt Turner Jr.
Right Of Vendor To Maintain Action For Injury To Property By A Third Party, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Municipal Responsibility In Tort In Maryland, George L. Clarke
Municipal Responsibility In Tort In Maryland, George L. Clarke
Maryland Law Review
No abstract provided.