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Articles 8821 - 8850 of 9012
Full-Text Articles in Law
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Cause, Legal Cause And Proximate Cause. Ii, Albert Levitt
Cause, Legal Cause And Proximate Cause. Ii, Albert Levitt
Michigan Law Review
The problem connected with finding a passive situation to be a proximate cause is very different from that connected with finding an active force as a proximate cause. The reason for this difference is that the situation does nothing actively. It simply exists. Before it can contribute to an injury a force must be ejected from it or else the injured party must be brought, or bring himself, into contact with it. The situation never does; it just is. It is never an aggressor. Its contribution to any given injury is a passive contribution. The situation is usually created …
Privity Of Contract And Tort Liability
Privity Of Contract And Tort Liability
Michigan Law Review
Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Parent's Liability For Child's Negligence On Operating Family Automobile, E. C. D.
Parent's Liability For Child's Negligence On Operating Family Automobile, E. C. D.
West Virginia Law Review
No abstract provided.
Damages--Exemplary--Injury From Malicious Assault And Battery, W. B. H.
Damages--Exemplary--Injury From Malicious Assault And Battery, W. B. H.
West Virginia Law Review
No abstract provided.
Carriers--Care Required To Discover Obstructions, K. V. J.
Carriers--Care Required To Discover Obstructions, K. V. J.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Contributory Negligence--Look And Listen Rule, C. P. H.
Contributory Negligence--Look And Listen Rule, C. P. H.
West Virginia Law Review
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Contributory Negligence Of Young Children, E. C. D.
Contributory Negligence Of Young Children, E. C. D.
West Virginia Law Review
No abstract provided.
Torts--Personal Injury--Punitive Damages, R. J. R.
Torts--Personal Injury--Punitive Damages, R. J. R.
West Virginia Law Review
No abstract provided.
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
West Virginia Law Review
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Michigan Law Review
Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone." Lord Wensleydale's famous dictum in Lynch v. Knight1 will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Articles
It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Articles
MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Articles
Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?
Railroads--Duty To Take Precautions To Avoid Injury To Domestic Animals Near Track, M. H. M.
Railroads--Duty To Take Precautions To Avoid Injury To Domestic Animals Near Track, M. H. M.
West Virginia Law Review
No abstract provided.
License--Licensor-S Liability To Licensee--Duty On Railroad Company, M. T. V.
License--Licensor-S Liability To Licensee--Duty On Railroad Company, M. T. V.
West Virginia Law Review
No abstract provided.
Joint Wrongdoing--Distinction Between Join Tortfeasors And Contributors To Injury, M. T. V.
Joint Wrongdoing--Distinction Between Join Tortfeasors And Contributors To Injury, M. T. V.
West Virginia Law Review
No abstract provided.
Corporations--Libel And Slander--Right Of Corporations To Maintain Action For Slander, W. E. G.
Corporations--Libel And Slander--Right Of Corporations To Maintain Action For Slander, W. E. G.
West Virginia Law Review
No abstract provided.
Municipal Corporations--Liability For Torts: Governmental Function--Maintenance Of Highways: What Constitutes Being "Out Of Repair", M. T. V.
West Virginia Law Review
No abstract provided.
Date From Which Interest Accrues On Judgment In Tort, J. R. C.
Date From Which Interest Accrues On Judgment In Tort, J. R. C.
West Virginia Law Review
No abstract provided.
Liability Without Fault, John B. Waite
Liability Without Fault, John B. Waite
Articles
In Ives v. South Buffalo Ry. Co., 201 N. Y. 271, appeared, as a basis for the decision, the statement that "When our Constitutions were adopted, it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another. That is still the law." Mr. Justice McKenna has recently voiced the same idea. In his dissenting opinion in Arizona Copper Co. v. Hammer, 39 Sup. Ct. Rep. 553, he contends that the Workmen's Compensation Act of Arizona is unconstitutional, because, "It seems to me to be …
The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake
The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake
Articles
A case just decided in the Supreme Court of the United States, coming to that court from the Canal Zone, shows the great difficulties under which our courts labor when they are called on to interpret and administer the law in our extra-continental possessions. The courts have apparently had the most difficulty in amalgamating the Roman law and the common law in cases involving questions of delictual liability. In the case of Fernandez v. Perez (1906), 202 U. S. 80, the procedural question was presented as to the validity of an action on the case for the wrongful levy of …
Liability Of Manufacturer To Remote Vender For Defective Automobile Wheel, Horace Lafayette Wilgus
Liability Of Manufacturer To Remote Vender For Defective Automobile Wheel, Horace Lafayette Wilgus
Articles
Plaintiff. in February, 19O9. purchased from the Utica Motor Car Company, a Cadillac six-passenger touring car, manufactured by the Cadillac Motor Car Company, of Michigan. The Utica company was a dealer in motor cars, and purchased to resell; it was the original vendee, and the plaintiff was the sub-vendee. The car was used very little until July 31, 1909, when the plaintiff, an experienced driver, while driving the car on a main public road in good condition, at a speed of 12 to 15 miles per hour, was severely and permanently injured by the right front wheel suddenly breaking down …
Boycott - Medical Association, Horace Lafayette Wilgus
Boycott - Medical Association, Horace Lafayette Wilgus
Articles
The opinion of McCardie, J., (without a jury), in Pratt v. British Medical Association (1919), I K. B. 244, (noted in the MICHIGAN LAW REVIEW, June, 1919, p. 704), brilliantly reviewing the English cases, merits a fuller statement of the facts and principles involved than was possible in a short note. The action was by Doctors Burke, Pratt, and Holmes, against the British Medical Association and four of its officers, for damages for conspiracy, slander and libel.
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Articles
A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.