Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 25 of 25
Full-Text Articles in Law
Criminal Negligence - Involuntary Homicide Statutes - Louisiana Criminal Code, J. J. C.
Criminal Negligence - Involuntary Homicide Statutes - Louisiana Criminal Code, J. J. C.
Louisiana Law Review
No abstract provided.
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Michigan Law Review
A recent case, decided by the Supreme Court of Indiana, and commented upon elsewhere in this issue, involved the interesting question as to the existence of a duty to go to the aid of a person who is in helpless peril through no initial fault on the part of the defendant.
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Michigan Law Review
Plaintiff, a telephone subscriber, alleged that the defendant telephone company negligently severed the telephone connection between the plaintiff's house and defendant's central operating station and negligently failed to give plaintiff notice of the disconnection; that as a result, the plaintiff was delayed in notifying the fire department of an outbreak of fire on his property; and that the property was thereby destroyed. Plaintiff sought to recover damages for the resulting injury to his property. Held, defendant's duty to use due care was an implied term of the contract, and special damages growing out of a breach of such a …
Current Phases Of Derivative Actions Against Directors, Ralph M. Carson
Current Phases Of Derivative Actions Against Directors, Ralph M. Carson
Michigan Law Review
In assuming to discuss in this place some of the current phases of stockholders' derivative actions against directors of corporations, I shall try to keep a course between two extremes. On the one hand, it is of little use to fulfill the easy duty of enunciating general rules of law, stated in such a form that both parties in a contested cause may equally invoke them. Nor, on the other hand, is it of much value to fill an hour's time with details of cases recently decided which, although interesting in themselves, resist general application. What I shall try instead …
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Michigan Law Review
Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …
Judgments - Conclusiveness Of Judgment As Against Persons Liable Over To Original Defendant - Applicability To Cases Of Resale Of Defective Chattels, David N. Mills
Michigan Law Review
The doctrine of res judicata against persons liable over who are given notice and opportunity to defend has received frequent application to cases of indemnitors, reinsurers, parties to bills and notes, covenantors of title in warranty deeds, and cases where the parties bore the relationship of principal and surety, master and servant, principal and agent, and landlord and tenant. While the rule has been applied without exception to cases of breach of warranty of title to chattels, it has apparently seldom been urged as applicable to other warranties, such as warranties of soundness and merchantability, for only five decisions can …
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
Michigan Law Review
Plaintiff was injured by biting into a fishhook imbedded in a plug of chewing tobacco bought from an independent dealer and manufactured by defendant. There was evidence that another person had discovered a foreign particle in another plug made by defendant, but he did not know the exact identity of the substance. Held, that while the plaintiff's injury alone cannot raise an inference of negligence, the additional evidence of the second incident was sufficient to present the question to the jury, which found for the plaintiff. Caudle v. F. M. Bohannon Tobacco Co., 220 N. C. 105, 16 …
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment that the person to whom its insured had transferred his automobile was not protected by the policy for damages caused to others, such transfer without the consent of the plaintiff being contrary to the terms of the policy. Held, that since by statute the insurer was made directly liable to the injured party, plaintiff was not entitled to a declaration of noncoverage, since it could not isolate one defense and try it in advance, leaving undecided issues involving the negligence of the person to whom the automobile was transferred. New Amsterdam Casualty …
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Michigan Law Review
A recent case decided by the Supreme Court of Pennsylvania and a recent article appearing in the University of Pennsylvania Law Review have served to focus attention upon the interesting problem of the liability, on other than warranty principles, of the vendor of a defective chattel. Because of the line of attack taken in the dissenting opinion and in the article, attention is directed, specifically, to the vendor's duty of inspection and, incidentally, to the liability of the manufacturer of a defective article, the reasons for that liability, and the question: Are the situations of the actual maker and the …
Negligent Failure To Stop Escalator
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Michigan Law Review
The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …
The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr.
The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr.
Kentucky Law Journal
No abstract provided.
Civil Assault--Intent And Negligence, William B. Buford
Civil Assault--Intent And Negligence, William B. Buford
Kentucky Law Journal
No abstract provided.
Liability For Defective Brakes In A Borrowed Car - Sothoron V. West
Liability For Defective Brakes In A Borrowed Car - Sothoron V. West
Maryland Law Review
No abstract provided.
Negligence: Physical Defects As Affecting The Standard Of Care In Civil And Criminal Cases, Roy Vance Jr.
Negligence: Physical Defects As Affecting The Standard Of Care In Civil And Criminal Cases, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
A Negligent Criminal Assault?, Roy Vance Jr.
A Negligent Criminal Assault?, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
Objective Factors As Part Of The Circumstances In Cases Involving Civil Negligence, Helen C. Stephenson
Objective Factors As Part Of The Circumstances In Cases Involving Civil Negligence, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.
Unsatisfied Judgment Against The Servant As A Bar To Suit Against The Master, R, Pollard White
Unsatisfied Judgment Against The Servant As A Bar To Suit Against The Master, R, Pollard White
Kentucky Law Journal
No abstract provided.
Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens
Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher
Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
The Negligent Battery In Criminal Law, Robert M. Spragens
The Negligent Battery In Criminal Law, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Is There A Negligent Civil Battery?, Helen C. Stephenson
Is There A Negligent Civil Battery?, Helen C. Stephenson
Kentucky Law Journal
No abstract provided.
The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens
The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens
Kentucky Law Journal
No abstract provided.