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Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
Manufacturer's Liability For Defective Automobile Design, Anon
Manufacturer's Liability For Defective Automobile Design, Anon
Washington Law Review
"The chariots shall rage in the streets" was a prediction announced twenty-five centuries ago. The degree of fulfillment of this vision must certainly have been beyond the wildest expectations of its maker, for every year, the raging chariots consume tens of thousands of lives and billions of dollars of property in the United States alone. With automobiles as well as chariots, the law has long imposed civil liability as a consequence for negligent operation of a vehicle which results in death or injury. However, liability of a manufacturer for errors in performance of his duties is a recent phenomenon, and …
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Washington Law Review
On two separate occasions, Dr. Linus Pauling sued news services for libel. In one case, involving a magazine which had identified Dr. Pauling as a communist without proof of the accusation, his libel action was dismissed by a New York court. In the second case, an editorial in defendant's newspaper falsely reported that Dr. Pauling had been cited for contempt of Congress. He had failed to comply with a congressional demand for a list of associates who had aided him in circulating a petition against nuclear testing, but was never actually cited for contempt. A federal district court's verdict for …
Imputed Contributory Negligence, Anon
Imputed Contributory Negligence, Anon
Washington Law Review
A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment …
Manufacturer's Liability For Defective Automobile Design, Anon
Manufacturer's Liability For Defective Automobile Design, Anon
Washington Law Review
"The chariots shall rage in the streets" was a prediction announced twenty-five centuries ago. The degree of fulfillment of this vision must certainly have been beyond the wildest expectations of its maker, for every year, the raging chariots consume tens of thousands of lives and billions of dollars of property in the United States alone. With automobiles as well as chariots, the law has long imposed civil liability as a consequence for negligent operation of a vehicle which results in death or injury. However, liability of a manufacturer for errors in performance of his duties is a recent phenomenon, and …
Imputed Contributory Negligence, Anon
Imputed Contributory Negligence, Anon
Washington Law Review
A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment …
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Washington Law Review
On two separate occasions, Dr. Linus Pauling sued news services for libel. In one case, involving a magazine which had identified Dr. Pauling as a communist without proof of the accusation, his libel action was dismissed by a New York court. In the second case, an editorial in defendant's newspaper falsely reported that Dr. Pauling had been cited for contempt of Congress. He had failed to comply with a congressional demand for a list of associates who had aided him in circulating a petition against nuclear testing, but was never actually cited for contempt. A federal district court's verdict for …