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Full-Text Articles in Law
West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis
West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis
West Virginia Law Review
Judicial compensation for accidental injuries is grounded upon legal fault. Assessment of fault involves not only finding the facts concerning actions of the parties, but also evaluation of their conduct. Determination is made whether the behavior is justified and, consequently, does not give rise to recovery, or whether it should be condemned, thus serving as a basis for compensation. This, the ethical portion of the problem of negligence liability, is performed by comparing the actions of a party with those of a hypothetical person, the reasonable man of ordinary prudence, acting under similar circumstances. The infinite variety of fact patterns …
Torts - Duty To Control The Conduct Of Others, C. A. King Ii
Torts - Duty To Control The Conduct Of Others, C. A. King Ii
Louisiana Law Review
No abstract provided.
Torts, George Savage King
Agency--1958 Tennessee Survey, Edward R. Hayes
Agency--1958 Tennessee Survey, Edward R. Hayes
Vanderbilt Law Review
Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'
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In Smith v. Phillips a pick-up truck, registered …
Torts -- 1958 Tennessee Survey, John W. Wade
Torts -- 1958 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The number of torts cases was somewhat less this year than in past years, being below the forty figure rather than above it. There were no particularly significant legal developments in the field. Perhaps the cases indicate, however, a developing fashion in automobile negligence actions. At least four of the cases seem to have been brought for whiplash injuries.'
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
West Virginia Law Review
No abstract provided.
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
West Virginia Law Review
The law today, it would seem, has become, like most professions and sciences a creature of specialization. Not many years ago most practitioners of the law in this country would have considered the general field of negligence a somewhat limited subject. But today, even this small segment of the vast science of law must be divided and subdivided, each individual subdivision being guided by its own special set of rules. Because of this transition from the general to the special, any paper of this sort must be strictly limited in scope. Even the seemingly narrow subject of "attorney negligence” would …
Property - Damages For Timber Trespass, Harmon D. Maxson
Property - Damages For Timber Trespass, Harmon D. Maxson
William & Mary Law Review
No abstract provided.
Imputed Negligence And Joint Guardian Statutes
Imputed Negligence And Joint Guardian Statutes
Washington and Lee Law Review
No abstract provided.
Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.
Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.
Michigan Law Review
Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …
Effect Of Intervening Cause On Duty Owed Passenger By Carrier - Jones V. Baltimore Transit Co., J. M. Roulhac
Effect Of Intervening Cause On Duty Owed Passenger By Carrier - Jones V. Baltimore Transit Co., J. M. Roulhac
Maryland Law Review
No abstract provided.
Municipal Corporations - Tort Liability - Liability For Torts Committed By Municipal Employees In Exercise Of Governmental Functions, Ralph E. Boches
Municipal Corporations - Tort Liability - Liability For Torts Committed By Municipal Employees In Exercise Of Governmental Functions, Ralph E. Boches
Michigan Law Review
Plaintiff sued the Town of Cocoa Beach for damages for the alleged wrongful death of her husband. Plaintiff's husband had died of smoke suffocation after being locked in a jail which was left unattended by the city jailor. The lower court dismissed plaintiff's complaint. On appeal, held, reversed. A person injured by the negligence of a municipal employee acting within the scope of his employment may recover against the municipal corporation. Hargrove v. Town of Cocoa Beach, (Fla. 1957) 96 S. (2d) 130.