Law Commons^™

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Negligence--Liability Of State Road Commission For Personal Injuries Arising Out Of Failure To Repair Highways, R. T. D.

West Virginia Law Review

No abstract provided.

Rights Of Action Under Death And Survival Statutes, Bowen E. Schumacher

Michigan Law Review

Upon the injury of a person by the wrongful act of another and his death subsequent to and as a result of the injury, it would seem at a glance that there has been two wrongs done. First, there is the wrong to the injured person, giving rise to an action of tort against the wrongdoer, and secondly the injury to the relatives who, by the death, are deprived of support or financial contribution from the decedent. At common law the right of action accruing to the person before his death, i. e. the action for the tort, abated at …

Nebulous Injunctions

Michigan Law Review

The entry of an injunction is, in some respects, analogous to the publication of a penal statute; it is notice that certain things must be done or not done, under a penalty to be fixed by the court. Such a decree should be as definite, clear and precise in its terms as possible, so that there may be no reason or excuse for misunderstanding or disobeying it; and when practicable it should plainly indicate to the defendant all of the acts which he is restrained from doing, without calling upon him for inferences or conclusions about which persons may well …

Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich

Articles

"This article is an extract from a textbook on 'The Conflict of Laws,' by Professor Goodrich, now in course of preparation, and is here published by permission of the West Publishing Company."--Footnote

Liability In Tort Of Infants And Insane Persons, Francis H. Bohlen

Michigan Law Review

It is universally held that mere infancy or insanity does not preclude liability for the impairment of another's bodily condition or the physical condition of another's property caused by conduct which, if that of an adult or mentally normal person, would be a wrong of aggression or negligence.

But there is a conflict of authority and a wide divergence of opinion among text writers as to the liability of persons who, because of extreme youth or mental deficiency, are incapable of forming a culpable intention, or whose incapacity to realize the probable consequences of their conduct makes it unjust to …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

A Master's Liability For Acts Of His Servant Outside The Scope Of The Employment, S. C. M.

West Virginia Law Review

No abstract provided.

States--Actions--What Are Suits Against The State, E. L. D.

West Virginia Law Review

No abstract provided.

Negligence--Implied Invitation To Use Railway Track As Passageway, C. L. W.

West Virginia Law Review

No abstract provided.

To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence

Michigan Law Review

X accepts an invitation to ride with his friend A, in the latter's coupe. B has a party of friends in his new limousine. Both drivers are careless; the cars collide; and X is injured. X brings suit against B, and the latter has A brought into court as a defendant, a proceeding permitted under the provisions of the Wisconsin code of civil procedure. B claims the right of contribution against A, in the event that X is successful in his suit, and also asks affirmative relief against A for the damage done to his limousine. A counters with a …

Simplified Civil Procedure Under The Wisconsin Code

Michigan Law Review

A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …

Criminal Assault Through Negligence--Bonding Automobile Drivers

Michigan Law Review

The Supreme Court has recently declared constitutional and valid the New York legislation requiring taxi-cab drivers to file with the state a surety bond or an insurance policy conditioned for the payment of judgments against the driver for personal injuries caused by the operation or the defective construction of his vehicle. Packard v. Banton (Feb., 1924) Adv. Ops. No. 126. The amount of the bond or policy required is only $2,500, though with a continuing liability for that amount during the period of the bond. It appears from the court's opinion that the insurance companies charged a premium of $900 …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Damages--Measure Of Damages For Wrongful Removal Of Coal, E. L. D.

West Virginia Law Review

No abstract provided.

Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C.

West Virginia Law Review

No abstract provided.

Clark, G. L., The Law Of Torts, Charles M. Hepburn

Articles by Maurer Faculty

No abstract provided.

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.

Torts--Contributory Negligence--Duty To Stop, Look And Listen, E. C. D.

West Virginia Law Review

No abstract provided.

Torts--Power Of A Minicipal Corporation To Sue For Libel

Michigan Law Review

Can a municipal corporation maintain an action for libel? The recent $10,000,000 libel suit instituted by the City of Chicago against the Chicago Tribune promises to become a leading case in the solution of this question. The declaration filed by the city alleged ownership of property used in city affairs and that the city purchased materials for the maintenance of such property largely upon credit. It charged that libellous statements were falsely and maliciously published by the Chicago Tribune to the effect that the city was bankrupt and could not pay its debts, with intent to destroy its credit and …

Nuisances--Permanent And Temporary, M. H. M.

West Virginia Law Review

No abstract provided.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green

Michigan Law Review

The struggle of the concept of moral blameworthiness to supplant the primitive notion that a person acts at his peril as a basis of responsibility in the field of tort touches every nook and cranny of the common law. The necessity of making use of the same procedure by which the older concept was developed has proved a great hindrance in the way of a quick and complete conquest by the notion of responsibility based upon fault. Negligence cannot yet claim a complete mastery over trespass in the field of unintended violent harms. Nevertheless, in so far as a change …

Negligence--The Doctrine Of Last Clear Chance

Michigan Law Review

Generally conceded to have originated in the famous donkey case of Davies v. Mann, 10 M. & W. 546, the doctrine of last clear chance has been the subject of infinitely varying judicial interpretations. Indeed, the original case itself seems to be clear neither as to the precise facts nor the reasons for the decision. Suffice it for the purpose of this discussion that the owner who had negligently turned his donkey into the road with its feet fettered was allowed to recover for its death resulting from a collision with a negligently driven wagon. Thus was started on …

Effect Of Improper Acts After A Lawful Arrest

Michigan Law Review

For our purpose we shall not consider the results which may follow an attempt to arrest, lawful or unlawful, where the party flees or resists; nor those following an illegal arrest which is effected without resistance. In the case of an attempt to arrest there is no end of possible situations and the rules of law are legion; an illegal arrest without resistance renders the officer liable only in damages for false imprisonment, McCullough v. Greenfield, 133 Mich. 463. While misunderstandings between the parties are less likely to occur, and the rights and duties of each are more easily …

Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question

Michigan Law Review

The nature of the right and duty created by Workmen's Compensation Acts has been the subject of considerable discussion by courts and writers, but still defies settlement. The United States district court in Kansas was called upon to decide this question in a recent case involving the application of the Kansas statute of limitations. The court held that an action under the Workmen's Compensation Act was not one entitling the plaintiff to claim the longer period which applied to "an action upon contract, express or implied." Davidson v. Payne, 281 Fed. 544. There is nothing in the nature or …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Municipal Liabilities For Personal Injuries Received On Its Streets, G. W. Meuth

Kentucky Law Journal

No abstract provided.

The Liability Of Owners Of Premises To Trespassing Children, M. H. M.

West Virginia Law Review

No abstract provided.