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Full-Text Articles in Law

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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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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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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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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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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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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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 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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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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Criminal Negligence--Statutory Regulation, Sam Milner Jan 1936

Criminal Negligence--Statutory Regulation, Sam Milner

Kentucky Law Journal

No abstract provided.

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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--Regulation By Statute, David W. Carter Jan 1936

Criminal Negligence--Regulation By Statute, David W. Carter

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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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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Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile Dec 1935

Agency--Family Purpose Doctrine--Liability Of Wife For Husband's Negligent Operation Of Automobile

West Virginia Law Review

No abstract provided.

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Torts -Automobiles - Liability Of Owner For Injuries Resulting From Negligence Of Driver Dec 1935

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 …

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Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased Dec 1935

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 …

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Declaratory Judgments- Extension Of Protection Against Injuries To Personality Nov 1935

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 …

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Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions Nov 1935

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.

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Ownership Of Automobile As Prima Facie Evidence Of Responsibility For Negligence Of Person Operating It, Conly Purcell Aug 1935

Ownership Of Automobile As Prima Facie Evidence Of Responsibility For Negligence Of Person Operating It, Conly Purcell

University of Missouri Bulletin Law Series

Generally speaking, absent statutory change, an owner of an automobile is responsible for injuries resulting from its negligent operation by another, only if it is shown that, at the time of the injury, the relationship of principal and agent or master and servant existed between the owner and the operator, and that the operator was then acting in the scope of his employment. Ordinary human experience and knowledge show clearly that in the great majority of cases automobiles are operated by their owners or by some servant or agent on the owner's business. It is equally apparent that in the …

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Tort Liability Of Insurer For Failure To Act Promptly On Application, R. Doyne Halbritter Jun 1935

Tort Liability Of Insurer For Failure To Act Promptly On Application, R. Doyne Halbritter

West Virginia Law Review

No abstract provided.

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Negligence--Conflict Of Laws--Action Against Spouse For Torts In Another State, Guy Otto Farmer Jun 1935

Negligence--Conflict Of Laws--Action Against Spouse For Torts In Another State, Guy Otto Farmer

West Virginia Law Review

No abstract provided.

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Presumptions Existing In Favor Of The Infant In Re: The Question Of An Infant's Ability To Be Guilty Of Contributory Negligence, Louis H. Wilderman May 1935

Presumptions Existing In Favor Of The Infant In Re: The Question Of An Infant's Ability To Be Guilty Of Contributory Negligence, Louis H. Wilderman

Indiana Law Journal

No abstract provided.

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Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold May 1935

Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold

Michigan Law Review

Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …

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The Tort Liability Of Users Of Abandoned Property, James W. Johnston Apr 1935

The Tort Liability Of Users Of Abandoned Property, James W. Johnston

Washington Law Review

A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …

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