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Articles 8521 - 8550 of 9010

Full-Text Articles in Law

Torts - Libel By Talking Pictures - Rasputin Case May 1934

Torts - Libel By Talking Pictures - Rasputin Case

Michigan Law Review

The motion picture production of "Rasputin The Mad Monk" portrayed an episode in which Rasputin seduced a young lady of the Russian court. Alleging that the character of the seduced was patterned after her own so that she had been defamed, the plaintiff brought an action of libel against the producers. Held, the plaintiff was entitled to damages of what, in this country, would amount to about one hundred and twenty-six thousand dollars. Youssoupov. v. M-G-M Pictures, England (1934).

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Torts-Duty To Cut Weeds Around Oil Warehouse-Injury Caused By Occurrence Other Than That For Which Duty Was Raised Apr 1934

Torts-Duty To Cut Weeds Around Oil Warehouse-Injury Caused By Occurrence Other Than That For Which Duty Was Raised

Michigan Law Review

Plaintiff's house was located some 400 feet northeast of a wooden warehouse used by defendant for the storage of oils and grease. South and west of the warehouse lay a peet bog, and, between the bog and the defendant's ware. house and entirely on defendant's property was a 25-foot stretch of grass which defendant had neglected to cut down. A smouldering fire in the peet bog flared up under the influence of a strong wind, swept across the land of defendant, set fire to the warehouse and, eventually, crossed a full-width paved street and destroyed plaintiff's house. Held, though …

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Torts - Liability Of Parent For Acts Of Infant Apr 1934

Torts - Liability Of Parent For Acts Of Infant

Michigan Law Review

Plaintiff, nursemaid, engaged to look after defendant's young daughter, was bitten by the child. She sued the father for her in jury under Article 2318 of the Louisiana Civil Code. In the district court an exception of no cause of action (the equivalent of a general demurrer) was sustained. The exception was based mainly on the grounds that there was no allegation that the father could have prevented the tort; that there was no allegation that the child had previously exhibited a vicious temper, or that defendant had knowledge of such vicious temper; and that the nursemaid had assumed such …

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Sales - Implied Warranty Of Fitness - Restaurateur Mar 1934

Sales - Implied Warranty Of Fitness - Restaurateur

Michigan Law Review

Defendant, proprietor of a hotel and dining room, served unwholesome food to the plaintiff who became ill as a result of its impurity. The plaintiff sued for the damages resulting from his illness, on the theory that there was an implied warranty that the food was fit for human consumption. Held, the serving of food for immediate consumption on the premises was not a "sale" within the Uniform Sales Act, and therefore there was no warranty attached under the terms of the Act, and there was no implied warranty of fitness of food so served at common law. Lynch …

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Carriers -Airplanes - Right To Limit Liability By Contract Mar 1934

Carriers -Airplanes - Right To Limit Liability By Contract

Michigan Law Review

Defendant corporation conducted a regular airplane passenger service between Miami and Tampa, Florida. Deceased purchased an ordinary passenger ticket at the regular price and, in the course of the trip, was killed due to the negligence of defendant's pilot. There was a stipulation in the ticket which all passengers were required to sign that "the company's liability is limited to $10,000." Wife of deceased sued for the negligent death and recovered a judgment in excess of $10,000. Held, that defendant was a common carrier, and, therefore, could not compel a passenger to release it of its legal liability. Curtis-Wright …

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Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property Mar 1934

Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property

Michigan Law Review

Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.

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Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease Mar 1934

Torts - Death Act-Pecuniary Injury - Effect Of Incurable Disease

Michigan Law Review

Administratrix sued defendant hospital under the "death act" for having negligently caused the death of her husband. The negligence was admitted. Decedent was afflicted with myelitis, an incurable disease, which affected his spine and rendered him a helpless paralytic. Decedent had no ability to earn or support and would have been an object of constant care and expense. Held, the court should have directed verdict for defendant. Smith v. Presentation Academy of Aberdeen, (S. D. 1933) 248 N. W. 762.

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Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements Feb 1934

Torts- Master And Servant- Duty Not To Expose Thinly-Clad Servant To The Elements

Michigan Law Review

The plaintiff, a 15-year-old boy, was employed by the manager of the defendant's store in delivering merchandise and in peddling bills. One cold day the manager asked the plaintiff to accompany him in the truck and deliver orders. Despite the boy's objection that it was "too stormy," the manager told him that he must go, that he would not have time to go home after warmer clothing, that he would be gone but a short time, and that "he would be all right." As a result of this trip, the plaintiff became seriously ill and now sues for damages on …

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Torts-Release Of Joint Tortfeasor Feb 1934

Torts-Release Of Joint Tortfeasor

Michigan Law Review

Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's …

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Torts - Electricity - Duty Of Electric Light Company To Trespasser Feb 1934

Torts - Electricity - Duty Of Electric Light Company To Trespasser

Michigan Law Review

Plaintiff suffered injuries, due to the faulty insulation of defendant's transformer, while using the premises for toilet purposes. There was evidence of a similar past use by various persons other than the plaintiff, access being gained through a hole in defendant's fence. There was no record of any lease between the defendant and the owner of the land. Plaintiff seeks to recover for defendant's negligence. Defendant's demurrer was sustained below. Plaintiff brings exceptions. Held, plaintiff being a trespasser, the declaration fails to allege a breach of any duty owing to him. Roe v. Naragansett Electric Co., (R. I. …

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Torts - Libel Per Se - Liability Of Newspaper For Republication Feb 1934

Torts - Libel Per Se - Liability Of Newspaper For Republication

Michigan Law Review

A news item published in a newspaper owned by the .defendant stated falsely that the plaintiff was being held in jail on a charge of forgery. From a judgment for plaintiff the defendant appealed. Held, the defamatory statement was "libellous per se," and the defendant was liable though the information was received through a reliable news-gathering agency and was printed without malice. Oklahoma Publishing Co. v. Givens, (C. C. A. 10th, 1933) 67 F. (2d) 62.

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Contribution Between Tortfeasors, Ellis Berger Jan 1934

Contribution Between Tortfeasors, Ellis Berger

Indiana Law Journal

No abstract provided.

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The American Law Institute's Restatement Of The Law Of Torts With Annotations To The Kentucky Decisions, Andrew J. Russell Jan 1934

The American Law Institute's Restatement Of The Law Of Torts With Annotations To The Kentucky Decisions, Andrew J. Russell

Kentucky Law Journal

No abstract provided.

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Mines And Minerals--Damages For Trespass, Joseph D. Webb Jan 1934

Mines And Minerals--Damages For Trespass, Joseph D. Webb

Kentucky Law Journal

No abstract provided.

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Sales--Liability Of Restaurant Owner For Serving Unfit Food, James R. Richardson Jan 1934

Sales--Liability Of Restaurant Owner For Serving Unfit Food, James R. Richardson

Kentucky Law Journal

No abstract provided.

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Automobiles--The Family Purpose Doctrine In Kentucky, Harry I. Stegmaier Jan 1934

Automobiles--The Family Purpose Doctrine In Kentucky, Harry I. Stegmaier

Kentucky Law Journal

No abstract provided.

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Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer Jan 1934

Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer

Michigan Law Review

Although mere delay in passing upon an application for insurance cannot, as a rule, be construed as an acceptance of the offer for a contract of insurance, in recent years some courts have held insurance companies liable in tort where there has been delay in acting upon the policy and the loss sought to be insured against has occurred in the meantime. Plaintiff, to sustain a cause of action in tort, must prove negligence on the part of the insurer, or its agents, and that the policy would have been issued to the applicant but for the negligence. The suit …

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Municipal Corporations - Municipal Responsibility For The Torts Of Policemen Jan 1934

Municipal Corporations - Municipal Responsibility For The Torts Of Policemen

Michigan Law Review

E, standing near the scene of a holdup in the Bronx, was shot by a stray bullet from the gun of a policeman engaged in pursuing several highwaymen. The Municipal Assembly of New York City enacted in 1927 an ordinance providing that the Board of Estimate is authorized to make an award of damages to such innocent bystanders when injured by policemen. E received an award of $6,740 from the Board for injuries suffered. Upon the Comptroller's refusal to pay it without a judicial declaration of its legality, E sued out a writ of mandamus. It was held that …

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Nuisances--Injunctions--Pollution Of Stream By City--Balance Of Convenience, Charles W. Caldwell Dec 1933

Nuisances--Injunctions--Pollution Of Stream By City--Balance Of Convenience, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

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Blackmail-Nature Of The Rights In A Dead Body Dec 1933

Blackmail-Nature Of The Rights In A Dead Body

Indiana Law Journal

No abstract provided.

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Tort Claims As Operating Expenses Given Priority Over Mortgage Liens As To Earnings Of A Street Railway Company In Receiver's Hands Dec 1933

Tort Claims As Operating Expenses Given Priority Over Mortgage Liens As To Earnings Of A Street Railway Company In Receiver's Hands

Indiana Law Journal

No abstract provided.

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Torts - Imputed Negligence - Passenger In Private Carrier For Hire Dec 1933

Torts - Imputed Negligence - Passenger In Private Carrier For Hire

Michigan Law Review

The plaintiff hired Hilton, a private carrier, to drive her from Detroit to Ann Arbor. Hilton's car collided with a car driven by the defendant, both Hilton and the defendant being negligent. Held, that the plaintiff could recover, as the negligence of a private carrier for hire will not be imputed to a passenger riding in his conveyance. Three judges dissented; the four concurring judges refused to join Justice McDonald in his opinion expressly overruling the whole doctrine of Thorogood v. Bryan. Lachow v. Kimmich, 263 Mich. 1, 248 N. W. 531 (1933).

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Torts - Principal And Agent - Liability For Negligent Driving Dec 1933

Torts - Principal And Agent - Liability For Negligent Driving

Michigan Law Review

Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.

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Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability Nov 1933

Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability

Michigan Law Review

Through the negligence of the chief engineer in putting new coal on top of old coal in a temporary bunker the steamship Galileo was rendered unseaworthy at the time the voyage commenced, catching fire and sinking. The cargo was lost. The plaintiff, cargo owner, sued the owner-operator or the ship in the federal District Court for southern New York for breach of contract to deliver at destination. On certiorari to the Circuit Court of Appeals the Supreme Court held, in affirming the decree dismissing the libel, that the defendant was relieved from liability under the federal fire statute which …

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Negligence-Physician And Surgeon-Expert Testimony Jun 1933

Negligence-Physician And Surgeon-Expert Testimony

Indiana Law Journal

No abstract provided.

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Treatise On The Law Of Torts, Glenn D. Peters Jun 1933

Treatise On The Law Of Torts, Glenn D. Peters

Indiana Law Journal

No abstract provided.

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Accidental Injuries, Leon H. Wallace Jun 1933

Accidental Injuries, Leon H. Wallace

Indiana Law Journal

No abstract provided.

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Quasi-Contracts -- Sufficiency Of Technical Benefit Jun 1933

Quasi-Contracts -- Sufficiency Of Technical Benefit

Michigan Law Review

A brokerage house, the R. Co., having purchased stock on margin for the plaintiff, requested a payment of $1100 in order to protect themselves in carrying the account. Doubting the financial stability of R. Co. the plaintiff decided to transfer the account to another firm, the defendant, and accordingly delivered to R. Co. a personal check naming the defendant as payee, at the same time orally directing R. Co. to transfer the stock and check to the defendant and from them receive payment in full. R. Co., however, falsely represented that the check was really theirs and that the plaintiff …

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Torts-Liability Without Fault Jun 1933

Torts-Liability Without Fault

Michigan Law Review

The defendant operated a lawful dry cleaning business employing a very inflamable liquid (varnolene) as a cleaning agent. Through no negligence on the part of the defendant, a considerable amount of varnolene escaped into the drain and found its way to a creek which ran behind the defendant's premises. Here the varnolene was ignited by sparks from a back-firing gasoline engine operated on adjacent property by a third party. The fire spread downstream and damaged a building belonging to the plaintiff. Held, the plaintiff was not entitled to recover. Kaufman v. Boston Dye House, (Mass. 1932) 182 N. …

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Torts -Absolute Liability-"Rylands V. Fletcher" Jun 1933

Torts -Absolute Liability-"Rylands V. Fletcher"

Michigan Law Review

The defendant, owner of an 11 acre plot, licensed nomadic caravan dwellers to come on the field and live there. Approximately two to three hundred people were on the land. Some of the group deposited human excrement on the adjoining lands, allowed their horses to trespass upon and foul neighboring lands, were often noisy in returning to the land, and frequently trespassed upon the neighboring land in going to or leaving the plot. Held, in an action for public nuisance, that the defendant was bound to prevent the occupants of his land from committing the acts in question. An …

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