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Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed. Dec 1950

Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.

Michigan Law Review

A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …


Recent Cases, Law Review Staff Dec 1950

Recent Cases, Law Review Staff

Vanderbilt Law Review

AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE

BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER

CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE

CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT

CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID

CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE

CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN

COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION

CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS

JOINT …


Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed. Nov 1950

Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.

Michigan Law Review

Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …


The Attractive Nuisance Doctrine In Louisiana, Kenneth Rigby May 1950

The Attractive Nuisance Doctrine In Louisiana, Kenneth Rigby

Louisiana Law Review

No abstract provided.


Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison Apr 1950

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …


Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr. Feb 1950

Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.

Michigan Law Review

An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …


Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed. Feb 1950

Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.

Michigan Law Review

Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).


Raising The Contributory Negligence Issue, M. Kenneth Thornton, Richard C. Ogline Jan 1950

Raising The Contributory Negligence Issue, M. Kenneth Thornton, Richard C. Ogline

Case Western Reserve Law Review

No abstract provided.


Torts--A Summary And Critique Of The Law Of Statutory Negligence In Kentucky, Robert F. Stephens Jan 1950

Torts--A Summary And Critique Of The Law Of Statutory Negligence In Kentucky, Robert F. Stephens

Kentucky Law Journal

No abstract provided.


Liability For Negligence In Parking - Effect Of Statute - Hochschild, Kohn & Co. V. Canoles Jan 1950

Liability For Negligence In Parking - Effect Of Statute - Hochschild, Kohn & Co. V. Canoles

Maryland Law Review

No abstract provided.


Pleading Negligence In Maryland - Res Ipsa Loquitur As A Rule Of Pleading, Joseph O. Kaiser Jan 1950

Pleading Negligence In Maryland - Res Ipsa Loquitur As A Rule Of Pleading, Joseph O. Kaiser

Maryland Law Review

No abstract provided.


Last Clear Chance And Defendant's Antecedent Negligence, James C. Blair Jan 1950

Last Clear Chance And Defendant's Antecedent Negligence, James C. Blair

Kentucky Law Journal

No abstract provided.