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Articles 8401 - 8430 of 8892

Full-Text Articles in Law

Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon Feb 1937

Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon

Michigan Law Review

The deceased was fatally injured while riding as a guest in defendant's truck. In the course of the action for damages brought by the administratrix, the court instructed that "if you find from a preponderance of the evidence that the driver of the truck was guilty of willful and wanton misconduct . . . and that as a consequence thereof the accident occurred, and further, that such conduct contributed to the death of plaintiff's intestate," then the jury should find for the plaintiff. Verdict was for the plaintiff and defendant appealed. Held, that the instruction was erroneous because it …

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Torts--Malicious Prosecution, James M. Terry Jan 1937

Torts--Malicious Prosecution, James M. Terry

Kentucky Law Journal

No abstract provided.

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Res Ipsa Loquitur--Malpractice--Other Injury, Vincent F. Kelley Jan 1937

Res Ipsa Loquitur--Malpractice--Other Injury, Vincent F. Kelley

Kentucky Law Journal

No abstract provided.

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Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor Jan 1937

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.

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Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review Jan 1937

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 …

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Negligence- Liability Of Telephone Company For Failure To Complete Subscriber's Call, Michigan Law Review Jan 1937

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).

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Negligence -Affirmative Duty To Aid Others, Donald H. Larmee Jan 1937

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 …

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Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz Jan 1937

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 …

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Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson Jan 1937

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 …

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Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper Jan 1937

Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper Jan 1937

Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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Torts: Limitation Of Doctrine Of Attractive Nuisance In Kentucky To Persons Under 14 Years Of Age, B. T. Moynahan Jr. Jan 1937

Torts: Limitation Of Doctrine Of Attractive Nuisance In Kentucky To Persons Under 14 Years Of Age, B. T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.

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Measure Of Damages--Action Against A Telegraph Company For Its Negligent Failure To Deliver A Telegraph Message Resulting In Loss Of Employment, Louis H. Levitt Jan 1937

Measure Of Damages--Action Against A Telegraph Company For Its Negligent Failure To Deliver A Telegraph Message Resulting In Loss Of Employment, Louis H. Levitt

Kentucky Law Journal

No abstract provided.

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Violation Of A Statute In Determining Negligence, Charles Gadd Jan 1937

Violation Of A Statute In Determining Negligence, Charles Gadd

Kentucky Law Journal

No abstract provided.

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When Does A Cause Of Action For Wrongful Death Accrue Under The Federal Employer's Liability Act?, George W. Hulbert Dec 1936

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.

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Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann Dec 1936

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 …

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Sales--Implied Warranty Of Canned Food, F. L. W. Dec 1936

Sales--Implied Warranty Of Canned Food, F. L. W.

West Virginia Law Review

No abstract provided.

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Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review Nov 1936

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 …

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Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort Nov 1936

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 …

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Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream Nov 1936

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).

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Municipal Corporations-Liability For Negligence In Maintenance Of Swimming Pools And Parks-Governmental And Proprietary Functions Jun 1936

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 …

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Statute Of Limitations--Endorser's Warranty As Express Or Implied Promise--Application Of Ten-Year Statute To Negotiable Instruments Apr 1936

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.

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Waters And Watercourses--Railway Bridge As Obstructing The Flow--Liability For Damages Resulting From Unusual Flood Apr 1936

Waters And Watercourses--Railway Bridge As Obstructing The Flow--Liability For Damages Resulting From Unusual Flood

West Virginia Law Review

No abstract provided.

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Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission Feb 1936

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).

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Trusts-Liability Of Trust Estate For Torts Of Trustee Feb 1936

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).

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Criminal Negligence--Statutory Regulation, Sam Milner Jan 1936

Criminal Negligence--Statutory Regulation, Sam Milner

Kentucky Law Journal

No abstract provided.

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Tort Suit By Wife Against Husband's Partnership - David V. David Jan 1936

Tort Suit By Wife Against Husband's Partnership - David V. David

Maryland Law Review

No abstract provided.

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Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy Jan 1936

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 …

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Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland Jan 1936

Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland

Kentucky Law Journal

No abstract provided.

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Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall Jan 1936

Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall

Kentucky Law Journal

No abstract provided.

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