Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1171)
- Cleveland State University (395)
- Yeshiva University, Cardozo School of Law (383)
- University of Kentucky (373)
- West Virginia University (340)
-
- Vanderbilt University Law School (328)
- Seattle University School of Law (284)
- University at Buffalo School of Law (254)
- Maurer School of Law: Indiana University (252)
- Washington and Lee University School of Law (241)
- University of Washington School of Law (207)
- University of Georgia School of Law (198)
- Villanova University Charles Widger School of Law (194)
- William & Mary Law School (183)
- University of Maryland Francis King Carey School of Law (175)
- Pepperdine University (169)
- Universitas Indonesia (162)
- UIC School of Law (154)
- University of Richmond (150)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (147)
- Brooklyn Law School (134)
- Cornell University Law School (134)
- St. Mary's University (115)
- Fordham Law School (112)
- Mercer University School of Law (102)
- The University of Akron (96)
- BLR (85)
- University of Maine School of Law (82)
- American University Washington College of Law (79)
- Roger Williams University (79)
- Keyword
-
- Torts (1106)
- Negligence (758)
- Liability (506)
- Damages (350)
- Tort (283)
-
- Products liability (207)
- Tort law (193)
- Strict liability (165)
- Medical malpractice (146)
- Injuries (133)
- Product liability (130)
- Defamation (126)
- Compensation (114)
- Tort reform (110)
- Remedies (104)
- Punitive damages (103)
- Litigation (102)
- Causation (98)
- Insurance (96)
- Personal injury (95)
- Contributory negligence (93)
- Injury (87)
- Tort liability (86)
- Wrongful death (82)
- Contracts (77)
- Law (77)
- Malpractice (72)
- Proximate cause (71)
- Libel (70)
- Evidence (69)
- Publication Year
- Publication
-
- Michigan Law Review (910)
- Faculty Scholarship (452)
- West Virginia Law Review (339)
- Cleveland State Law Review (337)
- Kentucky Law Journal (280)
-
- Seattle University Law Review (272)
- Vanderbilt Law Review (261)
- Articles (241)
- Buffalo Law Review (215)
- Washington and Lee Law Review (206)
- Indiana Law Journal (184)
- Washington Law Review (183)
- Scholarly Works (154)
- Cardozo Law Review (148)
- Villanova Law Review (1956 - ) (148)
- Pepperdine Law Review (147)
- Faculty Publications (139)
- UIC Law Review (128)
- Maryland Law Review (126)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Cornell Law Faculty Publications (116)
- University of Richmond Law Review (106)
- Mercer Law Review (102)
- St. Mary's Law Journal (93)
- Nevada Supreme Court Summaries (91)
- William & Mary Law Review (90)
- Akron Law Review (86)
- ExpressO (77)
- Maine Law Review (77)
- University of Michigan Journal of Law Reform (71)
- Publication Type
- File Type
Articles 8611 - 8640 of 9010
Full-Text Articles in Law
Torts--Liability Of A City For Defects In Streets, James William Hume
Torts--Liability Of A City For Defects In Streets, James William Hume
Kentucky Law Journal
No abstract provided.
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Kentucky Law Journal
No abstract provided.
Torts--Right Of Privacy, Rufus Lisle
Damages - Death Of Minor Child Caused By Negligent Act
Damages - Death Of Minor Child Caused By Negligent Act
Michigan Law Review
The defendant's negligence, resulting in the death of a child four years and nine months old, caused the jury to assess damages at $4,500 in an action brought for the benefit of the parents pursuant to the terms of the Death Act, (2 N. J. Comp. Stat. 1907, 1908 (1910)) which provides that "in every such action the jury may give such damages as they shall deem fair and just with reference to the pecuniary injury resulting from such death . . . . " On appeal, the supreme court held the damages excessive, and reduced the amount of recovery …
Torts -Attractive Nuisance - Natural Hazards
Torts -Attractive Nuisance - Natural Hazards
Michigan Law Review
The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …
Torts - Fraud - Spoliation Of Will
Torts - Fraud - Spoliation Of Will
Michigan Law Review
In a suit in tort for damages, plaintiff alleged that defendant, heir-at-law of the decedent, suppressed a genuine will under which the plaintiff was devisee, and forged and fraudulently probated a will which did not contain the devise to the plaintiff who remained in ignorance of both the fraud and the existence of the genuine will for more than twenty years. The defendant demurred. Held, that the plaintiff has a cause of action in tort. Morton v. Pettit, 38 Ohio App. 348, 176 N.E. 494 (1930), aff'd., (Ohio 1931) 177 N.E. 591.
The Foreseeability Factor In The Law Of Torts, Fowler V. Harper
The Foreseeability Factor In The Law Of Torts, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Michigan Law Review
A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …
Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss
Michigan Law Review
P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes had spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided: "Sec. 2 (b). Claims for loss or damage . . . must be made in writing . . . within six months after a reasonable time for delivery has elapsed." The testimony of Neiss, freight clerk, who was called …
Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord
Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord
Michigan Law Review
Plaintiff alleged that she slipped and fell upon vegetable leaves and other refuse on the sidewalk appurtenant to a fruit store owned by Nickolopulos and leased by him to Galante, thereby sustaining injuries. Held, in a suit brought against both landlord and tenant, that plaintiff stated a cause of action against the landlord, and the motion to dismiss the complaint was properly denied. Brovacko v. Nickolopulos et al. (N. J. 1931) 155 Atl. 765.
Municipal Corporations - Governmental Function - Liability For Nuisance
Municipal Corporations - Governmental Function - Liability For Nuisance
Michigan Law Review
Plaintiff was injured at a municipal bathing beach as the result of a dive from a spring board into shallow water. Held, that while the city was not liable for the negligent performance of a governmental function, the jury would be justified in finding that the diving board, as erected, constituted a nuisance, and that the defendant city would be liable, on that ground, for personal injuries sustained by the plaintiff. Hoffman v. City of Bristol, 113 Conn. 386, 155 Atl. 499 (1931).
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Negligence - Res Ipsa Loquitur - Circumstantial Evidence
Michigan Law Review
Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.
Torts - Negligence - Duty To Go To Rescue
Torts - Negligence - Duty To Go To Rescue
Michigan Law Review
Without any negligence on the part of the officers or the crew, a seaman fell overboard and was drowned. No assistance was given to the sailor upon discovery of his plight. In an action against the owners of the boat, it was held that, though the accident occurred as a result of the negligence of the deceased, defendant owed an affirmative duty to make a reasonable effort to save him. Harris v. Pa. R. Co., 50 F.(2d) 866 (1931).
Torts - Negligence - Duty To Licensee
Torts - Negligence - Duty To Licensee
Michigan Law Review
A former customer received permission to use the telephone in defendant's store, and, in leaving, slipped on a freshly waxed and improperly polished floor. It was held that the plaintiff enjoyed the status of an invitee, but that even as a licensee, when her presence in the store was known, her status would result in the creation of a duty to avoid injuring her by a positive act of negligence or by a failure of duty equivalent to such an act; and the failure to warn her of the condition of the floor would involve a breach of that duty. …
Torts--Interference With Contracts To Marry, August W. Petroplus
Torts--Interference With Contracts To Marry, August W. Petroplus
West Virginia Law Review
No abstract provided.
Negligence - Liability Of Manufacturers To Third Parties
Negligence - Liability Of Manufacturers To Third Parties
Michigan Law Review
Plaintiff was engaged in selling bottled beverages at a roadside stand. While she was attending to her duties, a bottle filled with carbonated soda pop exploded, throwing glass particles into her eye and eventually causing the loss of sight. Plaintiff proved that the bottle was defective, that proper inspection would have revealed the defect, and that neither the bottle manufacturer nor the bottler had made proper inspection. Held, both the manufacturer and the bottler are liable to plaintiff for injuries sustained. Smith v. Peerless Glass Co., 251 N. Y. S. 708 (1931).
Torts - Negligence - Liability For Injuries Caused By Fright
Torts - Negligence - Liability For Injuries Caused By Fright
Michigan Law Review
Plaintiff's testatrix, a passenger in an automobile which collided with a machine negligently operated by defendant, suffered no serious physical injuries from the collision. However, "within a few minutes after the accident, she stepped from the automobile and started to write down the defendant's name and license number," but, due to her fright, she fainted and fell, fractured her skull, and died. Judgment for plaintiff was affirmed in the appellate division. The New York court of appeals held that the judgment should be affirmed, and upheld the trial court in its refusal to instruct the jury that it must find …
Torts - Recovery For Injuries Caused By Fright
Torts - Recovery For Injuries Caused By Fright
Michigan Law Review
The manager of one of defendant's branch stores, in filling an order for a loaf of bread, delivered a dead rat to the plaintiff. The plaintiff incurred serious physical injuries as a result of the fright and shock. In plaintiff's suit against the defendant company it was held that there could be a recovery for physical injuries caused by fright alone. Great Atlantic and Pacific Tea Co. v. Roch (Md. 1931) 153 Atl. 22.
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder
Agency--The Course Of Employment--Tort Of Auto Salesman, Henry P. Snyder
West Virginia Law Review
No abstract provided.
Avoiding Injurious Consequences, Charles T. Mccormick
Avoiding Injurious Consequences, Charles T. Mccormick
West Virginia Law Review
No abstract provided.
Observations On Last Clear Chance In West Virginia, Robert T. Donley
Observations On Last Clear Chance In West Virginia, Robert T. Donley
West Virginia Law Review
One who undertakes a discussion of the doctrine of last clear chance need make no apologies to those who have had occasion to inquire, even superficially, into the subject. The perfectly bewildering assortment of cases in West Virginia applying the principle indiscriminately under the guise of proximate cause, supervening negligence, or wilful negligence, point to the necessity for an attempt at clarification. It is the purpose of this article to make that attempt, to analyze the reported cases, pointing out those believed to be incorrectly decided, and to submit definite classifications and rules of application tending to produce rational decisions …
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
Michigan Law Review
The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Michigan Law Review
Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …
Torts-Defective Trees-Duty Of Abutter
Torts-Defective Trees-Duty Of Abutter
Michigan Law Review
While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.
Infants-Liability On Tort Arising Out Of Contract
Infants-Liability On Tort Arising Out Of Contract
Michigan Law Review
Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …
Negligence-Attractive Nuisance-Ponds
Negligence-Attractive Nuisance-Ponds
Michigan Law Review
The eleven year old son of the plaintiff was drowned by falling from a raft into a pond located upon the defendant's water-works property immediately adjacent to a public bathing beach. The pond was undeniably attractive to children and was left without guards, notices, or protection, and there was no clear indication where the public beach ended and the city property began. The lower court held that this constituted an attractive nuisance, but it was held on appeal that the doctrine of attractive nuisance does not apply to ponds. Fiel v. City of Racine (Wis. 1930) 233 N.W. 611.