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Articles 8431 - 8460 of 9011

Full-Text Articles in Law

Pleading--Certainty--Proximate Cause, F. W. L. Jun 1937

Pleading--Certainty--Proximate Cause, F. W. L.

West Virginia Law Review

No abstract provided.

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Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review May 1937

Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review

Michigan Law Review

Defendant, driving an automobile at night on a new highway in process of construction, turned therefrom on to the old road with which he was familiar, at such a speed and angle that his headlights did not immediately reveal the condition thereof; the car struck a lantern-marked depression in the road, caused by the excavation by the defendant construction company for a culvert, whereupon the defendant driver lost control, overturning the car, with resultant serious injuries to the plaintiff passenger. From a directed verdict for the defendant construction company, a refusal of the defendant driver's motion for judgment non obstante …

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Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review May 1937

Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review

Michigan Law Review

The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …

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Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review May 1937

Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review

Michigan Law Review

As a direct result of the defendant's negligence, "plaintiff fell and sustained injuries including a fracture of the pubic bone. Ten months later, knowing that she could not walk unassisted because the bone had not knit, plaintiff attempted to do so, fell and refractured the bone. Held, that plaintiff's negligence, found as a matter of law, was an "efficient intervening cause" making the defendant's negligence remote as to the aggravation of the injury. S.S. Kresge Co. v. Kenney, (App. D. C. 1936) 86 F. (2d) 651.

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Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review May 1937

Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review

Michigan Law Review

The plaintiff brought an action for damages to his realty, alleging that the murder of his sister-in-law, on his property, by the defendant's decedent, induced numerous curiosity seekers to trespass on his land to view the scene of the crime. Held, the defendant's demurrer was sustained, for the damages were too remote. Koontz v. Keller, 52 Ohio App. 265, 3 N. E. (2d) 694 (1936).

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Indemnity--Construction Of Indemnity Covenant, J. G. Mcc. Apr 1937

Indemnity--Construction Of Indemnity Covenant, J. G. Mcc.

West Virginia Law Review

No abstract provided.

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Torts--Constructive Trusts, C. A. P. Jr. Apr 1937

Torts--Constructive Trusts, C. A. P. Jr.

West Virginia Law Review

No abstract provided.

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Torts - Fraudulent Interference With Testamentary Benefits, Michigan Law Review Apr 1937

Torts - Fraudulent Interference With Testamentary Benefits, Michigan Law Review

Michigan Law Review

Instituting a suit for damages, plaintiff alleged by way of application for order of examination that defendants had, by fraudulent misrepresentations, diverted the established intention of decedent to provide for plaintiff in the testamentary disposition of decedent's estate, and consequently no disposition in plaintiff's favor was made, to plaintiff's loss. Held, that plaintiff stated a cause of action in tort. Bohannon v. Wachovia Bank & Trust Co., 210 N. C. 679, 188 S. E. 390 (1936).

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Trial-Motions For A Direct Verdict Apr 1937

Trial-Motions For A Direct Verdict

Indiana Law Journal

No abstract provided.

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Gratuitous Promises-A New Writ?, Warren L. Shattuck Apr 1937

Gratuitous Promises-A New Writ?, Warren L. Shattuck

Michigan Law Review

Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …

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Negligence - Failure Of Restaurant Proprietor To Protect Patron Fom Injury, Michigan Law Review Mar 1937

Negligence - Failure Of Restaurant Proprietor To Protect Patron Fom Injury, Michigan Law Review

Michigan Law Review

As a result of a fight between two men in defendant's restaurant, plaintiff suffered injuries. There is evidence that defendant knew of the violent temper of one of the combatants and that fights were liable to occur at any time in such a place where beer and alcoholic liquors were sold. Held, that there is sufficient evidence of negligence to take the case to the jury. Peck v. Gerber, (Ore. 1936) 59 P. (2d) 675.

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Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White Mar 1937

Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White

Michigan Law Review

Under common-law principles a majority of courts require the motorist, who voluntarily undertakes to carry another gratuitously, to exercise the ordinary care of a reasonably prudent man in the management and operation of his automobile. The minority rule, by analogy to the gratuitous bailment cases, requires a person who invites another to ride gratis to use only slight diligence to avoid injury to that person and holds him liable for gross negligence. The minority view undoubtedly appeals to those who feel that it is unsportsmanlike to sue one's benefactor, and yet it is doubtful whether such a purely emotional foundation …

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Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton Mar 1937

Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton

Michigan Law Review

In the recent case of The State of Maryland, the United States Circuit Court of Appeals of the Fourth Circuit held that a seaman could recover indemnity against a vessel in an in rem proceeding in admiralty, for burns received when oil-burning equipment of the vessel exploded. The explosion occurred while the libellant was attempting to light the oil burner in the pit furnace beneath the boilers without having first opened the lower draft. It was a part of the libellant's duties to light the oil burner. He was inexperienced, and no one had instructed him as to the …

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Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review Mar 1937

Limitations Of Actions - Physicians And Surgeons - Malpractice - Accrual Of Cause Of Action, Michigan Law Review

Michigan Law Review

Defendant, a physician, treated plaintiff's decedent for cancer. Defendant failed to remove certain radium beads from decedent's uterus, and their presence in her body caused her death approximately five years later. The fact that defendant failed to remove the radium beads was not learned by plaintiff until a few months before decedent's death. Plaintiff brought suit, under the Kansas Wrongful Death Statute, within two years of the discovery of the alleged malpractice. Held, since plaintiff's cause of action accrued when the injurious acts took place, and since the statutory two-year limitation upon the bringing of tort actions was applicable, …

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Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review Mar 1937

Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review

Michigan Law Review

In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).

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Rescission For Breach Of Seller's Warranty, Robert T. Donley Feb 1937

Rescission For Breach Of Seller's Warranty, Robert T. Donley

West Virginia Law Review

In the case of American Sugar Refining Company v. Martin-Nelly Grocery Company it was held that the buyer of goods could not rescind an executed sale for breach of the seller's warranty. Approximately eight months later the same court rendered a contrary decision in the case of Kemble v. Wiltison, without overruling, distinguishing or even mentioning the first case. The present status of the West Virginia law on this point is therefore doubtful. It is the purpose of this note to discuss these and other cases in an effort to reconcile them and to state the correct governing principles.

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Nuisance Contributory Negligence As Defense, Michigan Law Review Feb 1937

Nuisance Contributory Negligence As Defense, Michigan Law Review

Michigan Law Review

Plaintiff brought action against the county for injuries sustained when his truck fell into an unlighted and unguarded excavation made by the county in the center of the highway for the purpose of repairing a culvert. Held, that defendant's act, though required by statute, was done in such a manner as to constitute active wrongdoing and a public nuisance, to which a plea of contributory negligence is no defense. Hammond v. Monmouth County, (N. J. S. Ct. 1936) 186 A. 452.

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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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Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review Feb 1937

Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review

Michigan Law Review

Plaintiff was injured while riding on defendant's bus when it was struck by defendant's street car, the collision being caused by the derailment of the street car. It was not made clear on trial what was responsible for the derailment. Held, the defendant controlled both vehicles, the event was of a type which would not ordinarily occur if reasonable care were used, the injury to plaintiff was not due to any voluntary act on her part, so the jury could properly infer that the defendant was negligent under the doctrine of res ipsa loquitur. Birdsall v. Duluth-Superior Transit …

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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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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- 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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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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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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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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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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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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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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