Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1068)
- Selected Works (500)
- Cleveland State University (395)
- University of Kentucky (365)
- West Virginia University (338)
-
- Vanderbilt University Law School (316)
- University at Buffalo School of Law (252)
- Maurer School of Law: Indiana University (250)
- Washington and Lee University School of Law (234)
- SelectedWorks (221)
- University of Washington School of Law (204)
- Villanova University Charles Widger School of Law (183)
- William & Mary Law School (174)
- University of Maryland Francis King Carey School of Law (173)
- University of Georgia School of Law (170)
- Pepperdine University (165)
- Seattle University School of Law (160)
- UIC School of Law (154)
- Universitas Indonesia (149)
- University of Richmond (147)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (139)
- Cornell University Law School (130)
- St. Mary's University (115)
- Brooklyn Law School (106)
- The University of Akron (104)
- Golden Gate University School of Law (97)
- University of Pennsylvania Carey Law School (93)
- Mercer University School of Law (90)
- Fordham Law School (87)
- BLR (85)
- Keyword
-
- Torts (1196)
- Negligence (726)
- Liability (492)
- Damages (350)
- Tort (278)
-
- Products liability (219)
- Tort law (201)
- Strict liability (164)
- Medical malpractice (151)
- Injuries (130)
- Tort reform (130)
- Product liability (128)
- Compensation (116)
- Defamation (114)
- Insurance (113)
- Remedies (112)
- Causation (109)
- Punitive damages (109)
- Litigation (102)
- Personal injury (99)
- Products Liability (99)
- Tort Law (99)
- Contributory negligence (97)
- Contracts (92)
- Injury (86)
- Wrongful death (86)
- Tort liability (80)
- Evidence (79)
- Malpractice (74)
- Proximate cause (71)
- Publication Year
- Publication
-
- Michigan Law Review (822)
- Faculty Scholarship (420)
- Cleveland State Law Review (337)
- West Virginia Law Review (337)
- Kentucky Law Journal (276)
-
- Vanderbilt Law Review (259)
- Buffalo Law Review (214)
- Washington and Lee Law Review (204)
- Indiana Law Journal (183)
- Washington Law Review (180)
- Articles (173)
- Seattle University Law Review (152)
- Villanova Law Review (147)
- Scholarly Works (146)
- Pepperdine Law Review (145)
- All Faculty Scholarship (141)
- UIC Law Review (128)
- Maryland Law Review (126)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- Faculty Publications (117)
- Cornell Law Faculty Publications (116)
- University of Richmond Law Review (106)
- St. Mary's Law Journal (93)
- Mercer Law Review (90)
- Akron Law Review (86)
- Nevada Supreme Court Summaries (85)
- William & Mary Law Review (85)
- Jesse Carter Opinions (78)
- ExpressO (77)
- University of Michigan Journal of Law Reform (70)
- Publication Type
Articles 8371 - 8400 of 8843
Full-Text Articles in Law
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Washington Law Review
It is no doubt accurate to say that the bar of this state has heretofore assumed (and justifiably so, in view of prior decisions of the court) that, generally speaking, a specific charge of negligence (e.g. excessive speed) may not be established by proof of prior or similar acts of negligence, nor even by proof of customary or habitual negligence of the same sort. Consequently, the opinion of the Washington Supreme Court in Sheddy v. Inland Motor Freight, is of more than passing interest.
Negligence -Affirmative Duty To Aid Others, Donald H. Larmee
Negligence -Affirmative Duty To Aid Others, Donald H. Larmee
Michigan Law Review
The plaintiff alleged that his intestate was taken ill while in the defendant's store. The defendant placed her in an infirmary and there left her for six hours without further medical care. By reason of the lack of medical care the plaintiff's intestate died. On appeal from the lower court's denial of the defendant's motion to dismiss the complaint, held that the complaint stated a cause of action. The court assumed that the defendant owed no duty to the intestate to render her any assistance whatsoever, but that upon placing her in the infirmary the defendant assumed the undertaking to …
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Michigan Law Review
Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique …
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Michigan Law Review
The Pennsylvania wrongful death statute provides that whenever death shall be occasioned by unlawful violence or negligence and no suit has been brought by the party injured during his or her life, the husband, widow, children, or parents of the deceased shall be entitled to recover for damages for injuries causing the death. Under this statute a father sued to recover damages for the death of his daughter which resulted from an automobile accident caused by the negligence of her husband. Held, the wife's disability to sue her husband for tort is personal; it does not bar recovery of …
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Michigan Law Review
Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …
Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review
Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review
Michigan Law Review
Plaintiff, father and administrator of the estate of a seven year old child, brought suit, under the Death Act, alleging that defendant's negligent failure to connect him with the family physician was the proximate cause of the death of the child. Held, by a majority of the court, that there was no liability, because the deceased, had she lived, would have had no cause of action on these facts. Emery v. Rochester Telephone Corporation, 271 N. Y. 306, 3 N. E. (2d) 434 (1936).
Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper
Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper
Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
When Does A Cause Of Action For Wrongful Death Accrue Under The Federal Employer's Liability Act?, George W. Hulbert
When Does A Cause Of Action For Wrongful Death Accrue Under The Federal Employer's Liability Act?, George W. Hulbert
Indiana Law Journal
No abstract provided.
Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann
Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann
Michigan Law Review
The plaintiff's sister had prepared a will which she desired to have witnessed, by the terms of which will the plaintiff would have received a share of her sister's estate. The defendant, brother-in-law of the plaintiff, by threats prevented his wife from completing the execution of the will, and he acquired all of her property by intestate succession. The plaintiff sued for damages in the amount of the proposed legacy, but the court held that the petition stated no cause of action inasmuch as there was no showing that the defendant had invaded any property right of the plaintiff. Cunningham …
Sales--Implied Warranty Of Canned Food, F. L. W.
Sales--Implied Warranty Of Canned Food, F. L. W.
West Virginia Law Review
No abstract provided.
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Michigan Law Review
In an effort to protect the taxpayer from the extravagance of municipal officials, two types of restrictions, in the main, have been imposed: those limiting the power to contract debts, and those restricting the power to levy taxes. Frequently in an effort to recover and collect a judgment against the city, one or the other of these restrictions is met. Courts seem to hold unanimously that debt limitations apply to the city's obligations in contract and not in tort, but they are divided as to the effect of tax limitations upon collection of a tort judgment. As an example of …
Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream
Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream
Michigan Law Review
A stream into which the plaintiff in error dumped its sewage flowed through the lands of defendant in error. Odors from the stream, deposits of foreign substances on the banks, and the pollution of the waters about the farm of the defendant in error constituted a nuisance. Held, the city is liable to one suffering from the nuisance, irrespective of whether it is exercising a governmental function in the installation of the sewer system. Oklahoma City v. Tyetenicz, 175 Okla. 228, 52 P. (2d) 849 (1935).
Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort
Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort
Michigan Law Review
In an action for money had and received, plaintiff alleged that the International Railroad Company owed plaintiff $40,000 as compensation for services rendered under an existing and valid contract of employment; that with knowledge of this fact defendant corporation, representing that it, and not plaintiff, was entitled to this sum, fraudulently conspired with International Railway Company that this sum be paid defendant instead of plaintiff, and that said amount was paid defendant, resulting in unjust enrichment under circumstances in which the law implies a promise on defendant's part to pay said sum to plaintiff. In reversing a judgment sustaining a …
Municipal Corporations-Liability For Negligence In Maintenance Of Swimming Pools And Parks-Governmental And Proprietary Functions
Michigan Law Review
The plaintiff sued to recover damages for the death of his son by drowning, which he alleged was caused by the negligence of the defendant city in the maintenance of a public swimming pool. In upholding the overruling of the defendant's demurrer, the court held that on the authority of an earlier South Dakota case, the maintenance and operation of a public swimming pool or park is the exercise of a proprietary function of the municipality, and therefore, the city is liable for the negligence of its servants in maintaining and guarding the pool. Glirhas v. City of Sioux Falls …
Statute Of Limitations--Endorser's Warranty As Express Or Implied Promise--Application Of Ten-Year Statute To Negotiable Instruments
West Virginia Law Review
No abstract provided.
Waters And Watercourses--Railway Bridge As Obstructing The Flow--Liability For Damages Resulting From Unusual Flood
West Virginia Law Review
No abstract provided.
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Defendants, trustees of land which had been leased for years to plaintiff, demanded that plaintiff stop removing crops from the land until the past-due rent was paid. Such a removal of crops was a criminal offense by South Carolina statute. In a suit for libel against the defendants in their representative capacity, held, defendants' demurrer sustained. Ross v. Moses, 175 S. C. 355, 179 S. E. 757 (1935).
Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission
Michigan Law Review
Plaintiff was induced to purchase stock in defendant corporation through representations as to its previous earning power made by agents of the corporation who were also joined as defendants. Plaintiff sued on a theory of rescission to recover the value of property transferred in exchange for the stock in question. Held, the agents of the corporation were properly joined as defendants. Kaufman v. Jaffee, 244 App. Div. 344,279 N. Y. S. 392 (1935).
Criminal Negligence--Statutory Regulation, Sam Milner
Criminal Negligence--Statutory Regulation, Sam Milner
Kentucky Law Journal
No abstract provided.
Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland
Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland
Kentucky Law Journal
No abstract provided.
Criminal Negligence--Regulation By Statute, David W. Carter
Criminal Negligence--Regulation By Statute, David W. Carter
Kentucky Law Journal
No abstract provided.
Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall
Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall
Kentucky Law Journal
No abstract provided.
Tort Suit By Wife Against Husband's Partnership - David V. David
Tort Suit By Wife Against Husband's Partnership - David V. David
Maryland Law Review
No abstract provided.
Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy
Michigan Law Review
Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did …
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Michigan Law Review
Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible …
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver
Michigan Law Review
To demonstrate the endurance of the cars which it was selling, a promoter induced defendant sales company to furnish a car to be driven for 100 consecutive hours without stopping, by a driver handcuffed to the steering wheel. The promoter hired the driver, instructing him to seek shelter (permitting the motor to continue running) should it start to rain, to protect the advertisements on the car. After driving for 20 hours, it commenced to rain and the driver found refuge in an open barn by the side of the road. After the rain had subsided, finding himself unable to get …
Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile
Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile
West Virginia Law Review
No abstract provided.
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Michigan Law Review
Defendants as duly authorized municipal officers issued a building permit to the plaintiff. After plaintiff had acted in reliance thereon defendants for reasons of self-interest and political expediency revoked the permit. Held, defendants as quasi-judicial officers while acting within their jurisdiction are not liable personally in tort for damages resulting from a discretionary act notwithstanding their conduct may have been malicious or corrupt. Wasserman v. City of Kenosha, (Wis. 1935) 258 N. W. 857.
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Declaratory Judgments- Extension Of Protection Against Injuries To Personality
Michigan Law Review
The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …