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Articles 8401 - 8430 of 9011
Full-Text Articles in Law
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.
Liability Of Parents For Tort Of Child - Rounds, Admr. V. Phillips Et Al. - Kerrigan V. Carroll Et Al.
Maryland Law Review
No abstract provided.
The Doctrine Of Implied Warranty Between Restaurant-Keeper And Guest - Child's Dining Hall Co. V. Swingler
Maryland Law Review
No abstract provided.
Criminal Negligence--A Workable Definition, Phillip Schiff
Criminal Negligence--A Workable Definition, Phillip Schiff
Kentucky Law Journal
No abstract provided.
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
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.
Torts - Prenatal Injuries To Infants, Frank B. Stone
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).
Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii
Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii
Kentucky Law Journal
No abstract provided.
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
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 …
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely
A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely
Articles by Maurer Faculty
No abstract provided.
Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review
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, …
Negligence - Duty To Control Conduct Of Another - Landowner's Duty To Those Outside His Premises, Michigan Law Review
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).
Negligence - Duty To Rescue One In Peril - Last Clear Chance, Michigan Law Review
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, …
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
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 …
Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook
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 …
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.
Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.
Modern Tendency Toward The Protection Of The Aesthetic, V. V. C.
West Virginia Law Review
No abstract provided.
Torts--Negligence Per Se., A. F. G.
Contributory Negligence Of Young Children, C. L. C.
Contributory Negligence Of Young Children, C. L. C.
West Virginia Law Review
No abstract provided.
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.
Damage As Requisite To Rescission For Misrepresentation: Ii, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation: Ii, Glenn A. Mccleary
Michigan Law Review
For the purpose of an analytical study of the decisions involving rescission for misrepresentation in which the damage problem has been considered, it seems convenient to classify the cases into three groups: (1) where the representee obtains the very thing that he expected to get, but it is worth less than he was led reasonably to expect under the representations made to him; (2) where the representee obtains something substantially different than he was led to expect; and (3) where the representee obtains the very thing that he expected and it is as valuable as he expected it to be, …
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Michigan Law Review
A nine-year old boy, who ran out into the street without looking in both directions, and thus violated a statute, was injured by an automobile the driver of which was allegedly negligent. Held, it is not negligence as a matter of law for a nine-year old boy to step into the street without looking both ways, notwithstanding the penal statute. Michalsky v. Gaertner, 53 Ohio App. yr, 5 N. E. (2d) 181 (1937).
Torts - Liability Of Power Company To Resident For Non-Performance Of Contract With City To Keep Street Light Burning, Paul R. Trigg
Torts - Liability Of Power Company To Resident For Non-Performance Of Contract With City To Keep Street Light Burning, Paul R. Trigg
Michigan Law Review
Defendant public utility was under contract to a municipality to light the streets. Plaintiff, a local resident, was injured in an automobile collision which, he alleged, was caused by defendant's negligent failure to keep a certain street light burning. Defendant demurred. Held, that the demurrer was properly sustained. Tollison v. Georgia Power Co., 53 Ga. App. 795, 187 S. E. 181 (1936).
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Michigan Law Review
The decadence of equity during the nineteenth century has long been an accepted phenomenon. The attempt to make law coincide with morals in the seventeenth and eighteenth centuries was followed in the nineteenth century by the gradual fixing of rules and a consequent stiffening of the legal systems, in which moral principles became lost in a mass of rules derived from such principles. What were once equitable doctrines tended to become mechanical rules. The former strength of equity has been weakened in the various jurisdictions, due in a large measure to the administration of law and equity by the same …
Assault And Battery-Abusive Language And Threats - Fright Causing Miscarriage, Michigan Law Review
Assault And Battery-Abusive Language And Threats - Fright Causing Miscarriage, Michigan Law Review
Michigan Law Review
Upon the plaintiff's refusal to pay anything on her account with the defendant corporation, the collecting agent of the latter, knowing that the plaintiff was far advanced in pregnancy, called her a "deadbeat" and threatened to have her arrested. In a civil action for wiful trespass to the person, the plaintiff alleged that fright caused by the defendant's conduct resulted in illness and a miscarriage. Held, that there was a cause of action stated, even though there was no physical violence. Kirby v. Jules Chain Stores Corp., 210 N. C. 808, 188 S. E. 625 (1936).
Defamation And Radio, Donald G. Graham
Defamation And Radio, Donald G. Graham
Washington Law Review
Radio has opened up a new and larger opportunity for defamation than has ever existed before. There are licensed today in the United States 683 broadcasting stations scattered throughout the country. Newspapers are fairly closely owned and do not open their columns generally to the public. Radio stations, on the other hand, broadcast the message not only of those who lease their facilities, but they also carry the messages of men of public affairs and public officials, for which unsponsored broadcasting they receive no commercial return. Speeches of a timely and informative nature delivered before an audience are frequently broadcast …
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Washington Law Review
The 1937 session of the Washington Legislature added the medical and allied services to the selective groups whose compensation is protected in part by statutory liens. Chapter 69 of the laws of that session awards a lien to operators of hospitals, licensed nurses, practitioners, physicians and surgeons rendering service "for any person who has received a traumatic injury." The lien is upon "any claim, right of action and/or money to which such person is entitled against any tort feasor and/or insurer of such tort feasor". The amount of the lien is the "value" of the services, plus costs and such …
Negligence - Duty Of A Landowner Toward A User Of The Highway, Michigan Law Review
Negligence - Duty Of A Landowner Toward A User Of The Highway, Michigan Law Review
Michigan Law Review
The plaintiffs were walking along the highway when one of them became exhausted. They both sat down for about five minutes on the doorsill of the defendant's factory which was within four inches of the street. No mark indicated the line dividing the street from the defendant's premises. The plaintiffs were about to continue on their way when a sign, fastened over the door of the factory, fell without warning and injured both plaintiffs. The defendant did not know the sign was in danger of falling, but had not inspected it for several years. Held, the plaintiffs cannot recover …
The Vicarious Liability Of Charitable Corporations
The Vicarious Liability Of Charitable Corporations
Indiana Law Journal
Recent Case Notes