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Articles 8761 - 8790 of 9012
Full-Text Articles in Law
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Municipal Corporations--Non-Liability For Wrongful Or Negligent Acts Or Omissions Of Officers And Agents, Acting In A Public Or Governmental Capacity, J. H. W.
West Virginia Law Review
No abstract provided.
Evidence--Admissibility Of A Son's Admissions Against His Father, J. E. W.
Evidence--Admissibility Of A Son's Admissions Against His Father, J. E. W.
West Virginia Law Review
No abstract provided.
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Michigan Law Review
The problem of protecting the public from injuries arising from the use of automobiles upon public highways has recently been subjected to a form of legislative solution that is distinctly different from the earlier attempts. The devices first employed were measures which dealt with the licensing of cars and with the regulation of their use. Later, when the need for giving financial substance to the tort liabilities of motorists appeared, steps were taken in the direction of fixing vicarious liabilities upon the owners of automobiles. This was done to some extent by the courts which announced the "family purpose doctrine," …
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Michigan Law Review
Plaintiff was an eleven year old boy who had been sent by his parents to work on defendant's farm. The boy's mother had signed a written statement, giving defendant authority to discipline him if and when he broke the regulations enforced upon the farm. The plaintiff had refused to perform some of the tasks assigned him, and had told several falsehoods, whereupon the defendant had inflicted corporal punishment upon his nude body by means of a crude rubber whip about 30 inches long. Held, one standing in loco parentis has the right to punish a child under his care, …
Parent And Child-Action By Parent For Loss Of Services Of Child-Contributory Negligence Of Child As A Defense
Michigan Law Review
It appears to be axiomatic with the courts that a parent cannot recover damages for the loss of services of a child, because of an injury negligently inflicted by a third person, if the child was guilty of contributory negligence. Nearly all of the decisions on this point have been reached without any reason being given for the result. Typical opinions, in which any explanation of the rule is conspicuously avoided, may be found in Chicago & G. E. Ry. Co. v. Harney, 28 Ind. 28; Dietrich v. Baltimore, etc. Ry. Co. 58 Md. 347; Cleveland C. & C. …
Compromise Of Claims Based Upon Personal Injuries To Minors, James M. Guiher
Compromise Of Claims Based Upon Personal Injuries To Minors, James M. Guiher
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Damages--Measure Of Damage For Wrongful Removal Of Coal, G. D. H.
Damages--Measure Of Damage For Wrongful Removal Of Coal, G. D. H.
West Virginia Law Review
No abstract provided.
Government Liability In Tort--Schools And Municipal Corporations, C. M. L. Jr.
Government Liability In Tort--Schools And Municipal Corporations, C. M. L. Jr.
West Virginia Law Review
No abstract provided.
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Michigan Law Review
It has been laid down that as a general rule the doctrine of estoppel has no application to infants. 31 C. J. 1005; 22 CYC. 512. But many cases recognize an exception to this general rule, where the infant has reached the age of discretion and has intentionally and fraudulently made misrepresentations. A common case is that in which the infant has induced a person to enter into a contract with him, by fraudulently representing himself to be of age. As to whether or not he will be estopped from setting up his infancy, in a suit on such contract, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Liability Of The Owner Of An Automobile For The Negligence Of His Chauffeur And Of His Family In The Operation Of His Car, Flem D. Sampson
Liability Of The Owner Of An Automobile For The Negligence Of His Chauffeur And Of His Family In The Operation Of His Car, Flem D. Sampson
Kentucky Law Journal
No abstract provided.
Ethical Basis Of The Law Of Defamation, Fowler V. Harper
Ethical Basis Of The Law Of Defamation, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend
Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend
Michigan Law Review
In a recent New Hampshire case, the plaintiff had insured with defendant company against liability for personal injuries to plaintiff's employees not exceeding $5,000.00. The policy under the title of "Service" provided that defendant would investigate all claims and settle them "according to the law". The defendant insurer also agreed to defend such suits as might be brought against plaintiff because of such injuries. One of plaintiff's employees was injured and though he offered to settle for $1,300.00, the defendant refused the offer. Thereupon the employee sued and recovered $13,500.00 in an action defended by defendant company according to their …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
Washington Law Review
While there are, of course, many unusual and interesting questions relating to the law of automobiles and automobile actions, we all know that the majority of these cases are simply questions of facts. In the ordinary cases principles of law applicable to these facts are well understood, and yet occasionally we encounter a situation the solution of which under former presumably well-settled principles of negligence is not easy. It has been to meet these new and unusual situations which have resulted from the extensive use of automobiles that principles of law hitherto little known or little recognized have developed rapidly, …
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
Washington Law Review
One of the interesting developments in the law of community property has been the rule which declares that a married woman while living with her husband has no right to prosecute an action for personal injuries caused by the negligence of a third person without procuring her husband to join as a party plaintiff in the action. While, under the statute, the common law disabilities of a married woman are completely removed and while under the same statute the wife has the same right to appeal to the courts for redress for any unjust usurpation of her natural or property …
Charities--Charitable Hospital--Liability For Torts To Patients, C. M. L. Jr.
Charities--Charitable Hospital--Liability For Torts To Patients, C. M. L. Jr.
West Virginia Law Review
No abstract provided.
Res Ipsa Loquitur-A Presumption Of Law?
Res Ipsa Loquitur-A Presumption Of Law?
Michigan Law Review
As a general proposition the rule of res ipsa loquitur may be said to apply in those instances where a plaintiff is injured and the instrumentality causing the injury is in the complete control and management of the defendant or his servants and the circumstances are of such a nature that ordinarily no injury would result unless there was some negligence on the part of the defendant The rule finds its justification, it is commonly said, in the fact that the defendant being in control of the instrumentality has almost exclusive means of finding the came of the injury while …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Demurrer As A Method Of Objecting To Separate Items Of Damage Alleged, L. C.
Demurrer As A Method Of Objecting To Separate Items Of Damage Alleged, L. C.
West Virginia Law Review
No abstract provided.
Torts-Use Of Force To Expel Trespassers-Defences
Torts-Use Of Force To Expel Trespassers-Defences
Michigan Law Review
One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons …
Justification For Inducing Breach Of Contract
Justification For Inducing Breach Of Contract
Michigan Law Review
Liability for inducing breach of contract, though of comparatively recent development in the field of torts, has grown so rapidly and with so little method or system in many decisions, that courts are somewhat anxious to find legitimate theories for checking the wholesale recoveries resulting from the application of the general principle. Justification for the tort shows some promise of being one of the checks for which the courts have been searching. The recent English case of Brimelow v. Casson (Aug. 1294) 93 L. J. Rep. 256, sheds some light on the problem of justification. In that case the plaintiff …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Doctrine Of Last Clear Chance, H. H. Grooms
The Doctrine Of Last Clear Chance, H. H. Grooms
Kentucky Law Journal
No abstract provided.
Garages And Automobile Supply Stations As Nuisances, George W. Meuth
Garages And Automobile Supply Stations As Nuisances, George W. Meuth
Kentucky Law Journal
No abstract provided.