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Articles 8491 - 8520 of 9010

Full-Text Articles in Law

Torts - Inducing Breach Of Contract Apr 1935

Torts - Inducing Breach Of Contract

Michigan Law Review

The recognition of inducement of breach of contract as a tort came only in comparatively recent times, its first clear enunciation being in Lumley v. Gye in 1853. Prior to that case there had been an accepted doctrine that interference with the relation of master and servant was an actionable wrong. Sayre finds the roots of the liability for enticement of servants in the Ordinance of Labourers passed after the Great Plague, and in a confusion of the action based on that statute and the action for forcibly interfering with the servants of another. In Lumley v. Gye the action …

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Tort Liability Of Municipal Corporations In Indiana, Alma Chattin Mar 1935

Tort Liability Of Municipal Corporations In Indiana, Alma Chattin

Indiana Law Journal

No abstract provided.

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Negligence-As A Matter Of Law Or A Question Of Fact-Contributory Negligence Of Customers Mar 1935

Negligence-As A Matter Of Law Or A Question Of Fact-Contributory Negligence Of Customers

Indiana Law Journal

No abstract provided.

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Negligence - Liability For Injury Resulting From Fright Mar 1935

Negligence - Liability For Injury Resulting From Fright

Michigan Law Review

While crossing the street in front of her home the daughter of the plaintiff's intestate was killed by the negligent driving of the defendant. The plaintiff's intestate was watching from the window at the time and saw the accident. The shock resulted in illness, which caused her death several weeks later. Plaintiff, as administrator under the Wisconsin Death Act, recovered a judgment for the injury to the mother. Held, that the judgment should be reversed since there was no duty to the mother. Waube v. Warrington, (Wis. 1935) 258 N. W. 497.

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Insurance-Delay In Acting On Application-Tort Liability Mar 1935

Insurance-Delay In Acting On Application-Tort Liability

Michigan Law Review

Plaintiff sued for damages for alleged negligence of defendant in failing to take action within a reasonable time upon plaintiff's application for a policy of health and accident insurance, plaintiff having paid defendant's soliciting agent the premium quoted by him. Held, there is no liability, since there is no duty for defendant to accept or reject an application within a reasonable time. Schliep v. Commercial Casualty Ins. Co., 191 Minn. 479, 254 N. W. 618 (1934).

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Recovery For Torts Between Spouses, John J. Farage Feb 1935

Recovery For Torts Between Spouses, John J. Farage

Indiana Law Journal

No abstract provided.

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Exemplary Damages In Indiana, Corbett Mcclellan Feb 1935

Exemplary Damages In Indiana, Corbett Mcclellan

Indiana Law Journal

No abstract provided.

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Torts-Deceit-Oral Promise To Buy Land Jan 1935

Torts-Deceit-Oral Promise To Buy Land

Indiana Law Journal

No abstract provided.

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Torts--Blasting Resulting In Injury To Property, John A. Evans Jan 1935

Torts--Blasting Resulting In Injury To Property, John A. Evans

Kentucky Law Journal

No abstract provided.

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Torts--Infants Contributory Negligence, William S. Jett Jr. Jan 1935

Torts--Infants Contributory Negligence, William S. Jett Jr.

Kentucky Law Journal

No abstract provided.

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Torts--Libel Per Se, Byron Pumphrey Jan 1935

Torts--Libel Per Se, Byron Pumphrey

Kentucky Law Journal

No abstract provided.

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Food--Res Ipsa Loquitur As Applied To Suits Against The Manufacturer Or Preparer Of Articles Intended For Human Consumption, Robert Edwin Hatton Jr. Jan 1935

Food--Res Ipsa Loquitur As Applied To Suits Against The Manufacturer Or Preparer Of Articles Intended For Human Consumption, Robert Edwin Hatton Jr.

Kentucky Law Journal

No abstract provided.

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An Automobile Guest Statute In Kentucky, Thurman Todd Jan 1935

An Automobile Guest Statute In Kentucky, Thurman Todd

Kentucky Law Journal

No abstract provided.

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Torts--The Humanitarian Doctrine In Kentucky, William Mellor Jan 1935

Torts--The Humanitarian Doctrine In Kentucky, William Mellor

Kentucky Law Journal

No abstract provided.

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Torts--Damages For Fright, Albert R. Jones Jan 1935

Torts--Damages For Fright, Albert R. Jones

Kentucky Law Journal

No abstract provided.

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Quasi-Contracts --Torts -- Quasi-Contract As An Alternative Remedy For Interference With Contract Relations Jan 1935

Quasi-Contracts --Torts -- Quasi-Contract As An Alternative Remedy For Interference With Contract Relations

Michigan Law Review

An action in tort for damages against a defendant who has induced a third person to breach his contract with plaintiff is permitted in most states today, although the action is of comparatively recent origin. The basis of the action is the obligee's interest in the performance of the contract, which is thought to deserve protection against the third-party interference. The invasion of this right must, as the cases now stand, be an intentional invasion, although there seems to be no reason for excluding negligent invasions subject to the usual limits of foreseeability. The motives of the tort-feasor, suggested by …

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Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings Jan 1935

Torts - Contributory Negligence - Care Required Of Automobile Drivers At Railroad Crossings

Michigan Law Review

Pokora, while driving his truck, approached the defendant's railroad at a crossing where his view was obstructed by box cars standing on a switch which ran beside the main tracks. He stopped his truck at a point about ten or fifteen feet from the switch and listened and looked, so far as the obstruction permitted, and then drove upon the main tracks where he was hit and injured by defendant's train which was coming from the direction of the box cars. The trial court directed a verdict for the defendant on the ground that the plaintiff, as a matter of …

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Torts-Negligence-"Stop, Look And Listen Rule" Dec 1934

Torts-Negligence-"Stop, Look And Listen Rule"

Indiana Law Journal

No abstract provided.

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Corporations-Tort Liability Of Independent Taxi Owners' Associations Dec 1934

Corporations-Tort Liability Of Independent Taxi Owners' Associations

Michigan Law Review

(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …

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Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance Dec 1934

Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance

Michigan Law Review

The minor plaintiff, a child of eleven, was injured when she fell from a swing in a playground maintained by the defendant, and struck a jagged stone which protruded from the surface of the earth about eight feet beyond the base of the swing. She and her parents joined as plaintiffs in this suit, alleging that the defendant was negligent in failing to keep the ground around the swing in a reasonably safe condition and free from dangerous objects upon which a child might fall. Held, the defendant is liable for its failure to keep the earth around the …

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Innkeepers - Statutory Limitation Of Liability - Necessity Of Strict Compliance As A Condition Precedent To Exemption Nov 1934

Innkeepers - Statutory Limitation Of Liability - Necessity Of Strict Compliance As A Condition Precedent To Exemption

Michigan Law Review

The plaintiff was a guest at a hotel owned by the defendant, and during that period a valuable diamond ring was stolen from his room, without negligence on the part of the defendant. In a suit to recover the value of the ring, the defendant set up a defense by way of the statute exempting innkeepers from liability upon "posting a notice in three or more public and conspicuous places in the office, elevators, or public rooms, or in the public parlors of such hotel" to the effect that the innkeeper would not be liable for any stolen property not …

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Torts--Liability For Injury To Infant Arising Out Of "Attractive Nuisance", William F. Wunschel Jun 1934

Torts--Liability For Injury To Infant Arising Out Of "Attractive Nuisance", William F. Wunschel

West Virginia Law Review

No abstract provided.

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Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions Jun 1934

Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions

Michigan Law Review

A debtor proceeding was initiated in a Florida federal court and an ancillary proceeding was begun in a New York federal court. The latter court enjoined petitioner, who had obtained a tort judgment against the debtor in a New York state court, which judgment had been affirmed by the Appellate Division, from arguing the case as appellee in the New York Court of Appeals and from continuing to prosecute an action commenced by him (petitioner) against the sureties on an appeal bond filed by the debtor pending the appeal to the Appellate Division. Shares of stock had been pledged by …

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Torts - Libel - Photographs - Right Of Privacy Jun 1934

Torts - Libel - Photographs - Right Of Privacy

Michigan Law Review

Defendant in its newspaper published a photograph of plaintiff and her husband's chauffeur standing in front of an airplane at an airport. The picture was captioned "Principals in Local Divorce Scandal," and the accompanying news story stated that plaintiff had sued her husband for divorce, the husband had filed a cross bill, and he had sued the chauffeur for alienation of affections. Plaintiff's declaration alleged that the picture had been cut from a larger one in which her husband had appeared, that the airplane was her husband's, and that the picture was believed to have been taken under a contract …

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The Duty To Control The Conduct Of Another, Posey M. Kime, Fowler V. Harper May 1934

The Duty To Control The Conduct Of Another, Posey M. Kime, Fowler V. Harper

Indiana Law Journal

No abstract provided.

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Torts - Wrongful Death - Limitation Of Action - Fraud May 1934

Torts - Wrongful Death - Limitation Of Action - Fraud

Michigan Law Review

An administrator brought an action against the defendant power company for damages for the death of the plaintiff's intestate allegedly caused by the negligence of the defendant five years before the commencement of the suit. The statute permitting a cause of action for wrongful death provided that the action be brought "within one year after such death." The plaintiff alleged in his complaint that the delay in bringing the suit was due to a conspiracy by the defendant and others to suppress the knowledge of the death of the plaintiff's intestate. The defendant demurred to the complaint. Held, the …

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Torts-Dangerous Instrumentalities -Attractive Nuisance May 1934

Torts-Dangerous Instrumentalities -Attractive Nuisance

Michigan Law Review

Defendant society procured an exhibition of fireworks on premises which were under its control and habitually used by children as a playground. The day after the exhibition the plaintiff, playing there with other children, picked up a bomb left by the defendant, and was injured when the bomb exploded. Held, defendant had a duty to those playing on the premises to use reasonable care to have the ground clear of dangerous articles after the exhibition. Spenzierato v. Society, (N. J. 1934) 169 Atl. 831.

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Torts -Temporary Insanity As A Defense May 1934

Torts -Temporary Insanity As A Defense

Michigan Law Review

While operating a bus owned by the corporate defendant the individual defendant suddenly became insane and lost control of the bus which struck a parked ice truck owned by the plaintiff McKay, and upon which the plaintiff Sforza was chopping ice. These actions were brought to recover for property damage and personal injuries thereby incurred. Held, in spite of the temporary insanity the individual defendant was legally responsible for the negligence, which is imputable also to the corporate defendant. Sforza v. Green Bus Lines, Inc., et al; McKay v. Same, (Munic. Ct. City of New York, 1934) 268 …

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Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage May 1934

Negligence - Liability Of Manufacturer To Third Persons - Recovery For Property Damage

Michigan Law Review

Defendant sold a contractor a trial can of waterproofing materials recommended for the interior of silos. The contractor used this on the interior of a watertank being built in plaintiff's barn. While it was being applied the fumes from the preparation came in contact with a kerosene lamp used to light the interior of the tank, causing an explosion which burned the plaintiff's barn. The ingredients of the waterproofing material were highly inflammable and toxic, but the container bore no warning of these facts. Held, that recovery could be had for the damage to plaintiff's property, the evidence being …

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Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution May 1934

Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution

Michigan Law Review

One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …

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