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Articles 8551 - 8580 of 9010
Full-Text Articles in Law
Liability Of Driver Of Vehicle To Guest Statutory Construction
Liability Of Driver Of Vehicle To Guest Statutory Construction
Indiana Law Journal
No abstract provided.
Negligence--Infant Trespassers--Attractive Nuisance Doctrine
Negligence--Infant Trespassers--Attractive Nuisance Doctrine
Indiana Law Journal
No abstract provided.
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Michigan Law Review
In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …
Liability Of The Trustee Estate For Torts Of The Trustee, Jack C. Burdett
Liability Of The Trustee Estate For Torts Of The Trustee, Jack C. Burdett
West Virginia Law Review
No abstract provided.
Parent And Child--Liability Of Parent To Child For Personal Injury--Effect Of Fact That Parent Is Insured, Paul S. Hudgins
Parent And Child--Liability Of Parent To Child For Personal Injury--Effect Of Fact That Parent Is Insured, Paul S. Hudgins
West Virginia Law Review
No abstract provided.
Torts--Violation Of Statute Of Ordinance As Prima Facie Negligence, Charles W. Caldwell
Torts--Violation Of Statute Of Ordinance As Prima Facie Negligence, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Contributory Negligence-Stop, Look, And Listen Rule In Federal And Indiana Courts
Contributory Negligence-Stop, Look, And Listen Rule In Federal And Indiana Courts
Indiana Law Journal
No abstract provided.
Sales-Breach Of Implied Warranty-Liability For Death
Sales-Breach Of Implied Warranty-Liability For Death
Michigan Law Review
The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Michigan Law Review
Plaintiff, personal representative of a seaman who was said to have died as a result of his employer's failure to provide proper medical attention at sea, sued the defendant-employer for the seaman's death. Judgment for the plaintiff having been reversed in the Circuit Court of Appeals on the ground that any cause of action abated with the death of the sailor, the case was brought before the Supreme Court of the United States on a writ of certiorari. Held that, under the Jones Act (Merchant Marine Act), the cause of action survived to the personal representative. Cortes v. Baltimore Insular …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Automobiles - Guest - Contributory Negligence
Automobiles - Guest - Contributory Negligence
Michigan Law Review
The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.
Torts--Recovery Where Mental Distress Is Sole Injury--Effect Of Willfulness, Bonn Brown
Torts--Recovery Where Mental Distress Is Sole Injury--Effect Of Willfulness, Bonn Brown
West Virginia Law Review
No abstract provided.
Officers-Tort Liability-Ministerial Duty
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Michigan Law Review
Defendant's driver tried to pass plaintiff's car on an icy road and, solely because of his excessive speed under the prevailing conditions, the defendant's truck skidded off the road and into an electric light pole. The pole and attached wires fell to the ground and the defendant's driver was pinned beneath the overturned truck. Plaintiff rushed to the assistance of the driver, but, in so doing, became entangled in the highly charged wires and was severely burned. In a suit to recover for the injuries so sustained, it was held that plaintiff could recover from defendant. Butler v. Jersey Coast …
Torts--Negligence--Inference Of Negligence From Proven Facts, Edward Duval
Torts--Negligence--Inference Of Negligence From Proven Facts, Edward Duval
Kentucky Law Journal
No abstract provided.
Torts -Trespassers - Statutory Non-Liability Of Railroads
Torts -Trespassers - Statutory Non-Liability Of Railroads
Michigan Law Review
Plaintiff, five years of age, was leaning over the edge of defendant's bridge, looking into a canal, when a train was backed into standing cars without warning, and plaintiff was injured. Children were accustomed to play on the bridge, despite the presence of "Danger - No Trespassing" signs. Plaintiff recovered judgment in the trial court, and the judgment was affirmed by the circuit court of appeals, but the Supreme Court of the United States held that the New Jersey statute section 55 of the Railroad Act, "negatived the attractive nuisance and implied invitation doctrines," and reiterated the so-called "Massachusetts Rule" …
Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell
Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
Agency--Family Purpose Doctrine In Case Of Adult Child, D. L. Thornton
Agency--Family Purpose Doctrine In Case Of Adult Child, D. L. Thornton
Kentucky Law Journal
No abstract provided.
The American Law Institute's Restatement Of The Law Of Torts With Annotations To The Kentucky Decisions, Andrew J. Russell
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.
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
Agency--The Family Purpose Doctrine, James R. Richardson
Agency--The Family Purpose Doctrine, James R. Richardson
Kentucky Law Journal
No abstract provided.
Death By Wrongful Act--Survivorship Of Tort Actions In Kentucky, Alvin E. Evans
Death By Wrongful Act--Survivorship Of Tort Actions In Kentucky, Alvin E. Evans
Kentucky Law Journal
No abstract provided.
Insolvency Of The Defendant As A Basis Of Equity Jurisdiction In Tort Cases, Roy Mitchell Moreland
Insolvency Of The Defendant As A Basis Of Equity Jurisdiction In Tort Cases, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
Torts -Attractive Nuisance
Michigan Law Review
Dynamite caps were left on the banks of a slush pit near defendant's gas well. Cultivated fields immediately around the pit were under lease to a Mr. Bradshaw whose small boy, trespassing upon defendant's pit, found the dynamite caps and showed them to his father who permitted the boy to play with them, thinking that the caps had been exploded. Later the Bradshaw boy gave them to plaintiff, aged five, who drove a nail into a cap which exploded and injured him. Evidence showed that there was a path near the slush pit, and that children frequently crossed the field …
Torts - Malicious Prosecution - Termination Of Previous Proceeding In Favor Of Plaintiff
Torts - Malicious Prosecution - Termination Of Previous Proceeding In Favor Of Plaintiff
Michigan Law Review
Plaintiff gave a note with power of attorney to confess judgment, to X who assigned to defendant. Plaintiff paid the note before maturity. On maturity, defendant got a judgment by confession and levied on plaintiff's property. Thereupon plaintiff asked the court to set aside the judgment, and a hearing was granted for the purpose, but the evidence showed that instead of proceeding to a hearing the parties agreed that defendant should mark the judgment satisfied. This was done. Plaintiff later sued for malicious prosecution. Held, that since the prior suit did not terminate in his favor plaintiff could not …
Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell
Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Negligence--Fumes From Spontaneously Ignited Refuse From Coal Mine--Liability To Adjacent Landowners, Charles H. Haden
Negligence--Fumes From Spontaneously Ignited Refuse From Coal Mine--Liability To Adjacent Landowners, Charles H. Haden
West Virginia Law Review
No abstract provided.
Actions-Survival-Wrongful Death
Torts - Liability Of Manufacturer To Remote Vendee
Torts - Liability Of Manufacturer To Remote Vendee
Michigan Law Review
In the now famous case of MacPherson v. Buick Motor Company the New York Court of Appeals was faced with the question of the liability of a motor manufacturer to a plaintiff who had purchased a car from a retailer and who had been injured at the time of the coIIapse of a defective wheel. In deciding that such a manufacturer owed a duty to use reasonable care in inspection of the wheels which were to be placed under the assembled car, Justice Cardozo said: "We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, …