Law Commons^™

Libel And Slander-Testamentary Libel, Charles Hansen S.Ed.

Michigan Law Review

Although the right to recover for injury from admittedly defamatory matter would seem to be clear, the law imposes a series of obstacles when the offending statements are embodied in a will. Of the few cases which have arisen in this area, a recent decision, Carver v. Morrow, serves to illustrate the general problem. In this case, plaintiff claimed that portions of testatrix' will defamed him. After the will was probated, he brought an action against testatrix' executors on the ground that publication had been effected by probate, and that therefore a cause of action in libel existed against …

International Law-Accidents In International Air Transportation-Limitation Of Liability, William C. Gordon S.Ed.

Michigan Law Review

Plaintiff, known professionally as Jane Froman, sought damages of one million dollars for injuries received when defendant's transatlantic plane crashed at Lisbon, Portugal. Before the flight, defendant prepared tickets for plaintiff and other passengers scheduled to entertain troops overseas and delivered them to a USO Camp Shows' employee in charge of arranging transportation for the group. Plaintiff had not expressly authorized the USO employee to receive the ticket in her behalf. She was unaware of the plane's exact destination. Held, a ticket invoking the liability limitations of the Warsaw Convention was delivered as a matter of law. Ross v. …

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery

Michigan Law Review

Plaintiff, a six year old girl, sued to recover damages alleged to have been sustained as a result of defendant's enticing her mother from the family home. Plaintiff contended that as a child and member of the family she had a legally protected right to maintenance of the family relationship. Defendant answered that no tort had been committed, since no right in the plaintiff was recognized at common law and that to recognize such a right would amount to judicial legislation. From a judgment in favor of plaintiff, defendant appealed. Held, affirmed. Allowing a child a right of action …

Torts-Assumption Of Risk-Flying Pucks And The Ice Hockey Spectator, James F. Gordy S.Ed.

Michigan Law Review

Plaintiff and her husband attended an ice hockey game being sponsored by the defendant. Both testified that they knew nothing about the game. They asked for the ''best seats in the house" and were seated in the front row of an unprotected section, immediately adjacent to the ice and behind a low wooden wall. During the progress of the game, plaintiff was struck and injured by a puck driven from the ice. Defendant had furnished screened areas, which were unfilled at the time; he had prominently displayed many large placards warning of the danger of flying pucks and advising of …

Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.

Michigan Law Review

Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was …

Municipal Tort Liability, Allan F. Smith

Michigan Law Review

Municipal government in the United States is big business. In 1946, the 397 cities having a population of 25,000 or more spent a total of nearly 3 billion dollars for general governmental expenditures. In 1947 the total increased by 17 per cent to $3,477,000,000. Of that amount, 2½ billion were actual operational expenses for such activities as public safety, public health, sanitation, hospitals, local street and highway maintenance, and schools. Since the figures do not include the amounts expended in connection with municipal water works or municipal street railways, they lend weight to the assertion that our municipal governments are …

Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.

Michigan Law Review

After boarding a trolley owned and operated by defendant, plaintiff-dropped her return slip. Holding a package in one hand, she stooped to pick up the slip. Plaintiff testified that although defendant's operator saw her in this position, he started the trolley with a "very fast jerk" which threw plaintiff to the floor and caused certain injuries. At the conclusion of plaintiff's evidence, which consisted of her uncorroborated testimony, the trial court directed a verdict for defendant. On appeal, held, affirmed. Przborowski v. Baltimore Transit Co., (Md. 1948) 59 A. (2d) 687.

Child's Right Of Action For Prenatal Injuries

Indiana Law Journal

Recent Cases: Torts

Liability Of A Business Proprietor For Attraction Of Crowds

Indiana Law Journal

Recent Cases: Torts

Torts-Liability Of Decedent's Estate For Libel Contained In Will And Published Only By Probate Of Will

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Lability Of Husband, After Annulment Of Marriage, For Personal Injuries Inflicted On Wife During Coverture

Washington and Lee Law Review

No abstract provided.

Insurance-Effect Of Liability Insurance On Parent's Immunity From Tort Liability To Child

Washington and Lee Law Review

No abstract provided.

Torts-Liability For Injuries Arising From Emotional Disturbances In Absence Of Independent Tort.

Washington and Lee Law Review

No abstract provided.

Torts-Liability Of Radio Station For Defamation Broadcast By Lessee Of Its Facilities

Washington and Lee Law Review

No abstract provided.

The Standard Of Care Owed By A Hospital To Its Patients, William J. Harbison

Vanderbilt Law Review

Despite the: great number of tort cases which have arisen between hospitals and their patients, comparatively little has been written upon the subject of the standard of care required of a hospital in its relationship with those who enter it for treatment. In this Note some of the types of problems arising out of this relationship will be examined.' Questions of substantive and procedural law will be treated together in order to present these problems more clearly.

Generally, public hospitals are excused from tort liability to their patients upon the ground of governmental immunity ; in most states charitable institutions …

Should The Doctrine Of Implied Warranties Be Limited To Sales Transactions?, Robert B. Deen Jr., Charles H. Warfield

Vanderbilt Law Review

The purpose of this discussion is to examine implied warranties in order to determine if their application is limited to sales transactions. In approaching this problem, it is necessary to understand the development of warranty. In the early law, warranty was a pure action of tort.' Special assumpsit developed over a hundred years later than warranty and was based on the tort action of warranty. Thus, at the beginning, assumpsit was thought of as a tort action. Later assumpsit came to be regarded as similar to covenant and hence became classified with contract actions. Warranty was still considered a tort …

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer

Michigan Law Review

While walking on a highway, A was knocked down by a car driven by B, and was almost immediately run over by C's car. A was pronounced dead from several injuries, any one of which would have sufficed to cause his death. Plaintiff, A's administratrix, recovered judgment against both B and C for A's death. Held, reversing on other grounds, joinder of B and C was proper. Micelli v. Hirsch, (Ohio App. 1948) 83 N.E. (2d) 240.

Another Decade Under The Guest Statute, John W. Richards

Washington Law Review

In the nine years which have passed since the writer ventured to express in these pages his views on the Guest Statute, sixteen cases have been decided which deal either with the statute, with joint adventure, or with both. Some of these cases represent major changes in the field, and while no one would for a moment suggest that they have not been carefully noted by the profession there is nevertheless some hope, based not only on reading the opinions, but in some instances on the briefs which led to them, that it might be useful to revisit the topic …

Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch

Michigan Law Review

Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …

Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr.

Michigan Law Review

Plaintiff alleged that while driving on a two-lane highway, he was overtaken by defendant, who attempted to pass against oncoming traffic and forced plaintiff to tum right in an effort to leave the highway. At that point, a passenger in plaintiff's car seized the steering wheel, causing the car to travel left across the highway without collision and then overturn, injuring plaintiff. Held, demurrer to complaint sustained. The passenger's act was not foreseeable, was not the normal response to the situation created by the defendant, and was so extraordinary as to be an efficient intervening cause. Robinson v. Butler …

Equitable Deviation In Indiana

Indiana Law Journal

Recent Cases: Trusts

Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy

Michigan Law Review

Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …

Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.

Michigan Law Review

Plaintiff sued a corporation and its president to recover money paid for purchase of stock sold in violation of the ''blue sky" laws of Michigan. The president, through correspondence, had induced plaintiff to complete the purchase. Plaintiff had judgment below against both defendants. The president alone appealed, contending among other things that he was not an "agent" within the meaning of the statute. Held, affirmed. The word "agent" in the Michigan statute1 includes officers and directors of the corporation whether they are authorized "agents" or are holding themselves out as "agents" of the corporation. Cleland v. Smart, 321 …

Negligence-Guest Statutes-Applicability To Operation Of Automobile On Host's Premises, Janice Richardson

Michigan Law Review

Plaintiff accompanied a friend to defendant's garage to park the friend's automobile and later returned alone, without a claim check, to obtain a package she had left in the automobile. An attendant, who was about to park another automobile, invited her to ride to the second Hoor to secure the package herself. Plaintiff was injured when the attendant negligently drove the automobile against an elevator. Held, judgment for defendant affirmed. Plaintiff was a guest within the meaning of the Ohio guest statute and could not recover for injuries unless caused by willful or wanton misconduct. Kilgore v. U-Drive-It Co. …

Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross

Michigan Law Review

In an action for the wrongful death of an airplane passenger killed in a crash of a commercial airliner, plaintiff relied upon specific acts of negligence and the doctrine of res ipsa loquitur. Defendant moved to strike from the complaint all allegations pertaining to res ipsa loquitur, on the ground that the doctrine did not apply to airplane crashes. Held, motion denied. Smith v. Pennsylvania Central Airline Corp., (D.C. D.C. 1948) 76 F. Supp. 940.

Torts-Consent Of Minor Participant Injured In Illegally Promoted Fight As Defense For Promotor Against Civil Liability

Washington and Lee Law Review

No abstract provided.

Torts-Effect Of "One Publication Rule" On Running Of Statute Of Limitations In Libel Actions

Washington and Lee Law Review

No abstract provided.

Torts-Imposition Of Civil Liability For Conduct Constituting Violation Of Criminal Statute

Washington and Lee Law Review

No abstract provided.

Release-Settlement With Original Tort-Feasor As Release Of Negligent Physician Who Aggravated Injury

Washington and Lee Law Review

No abstract provided.