Law Commons^™

The Federal Tort Claims Act And Its Application To Military Personnel, Harold F. Mcniece, John V. Thornton

Vanderbilt Law Review

The background and history of the Federal Tort Claims Act" are well known. Stemming in part from the medieval political theory that the King could do no wrong, a doctrine evolved in English law that the Crown was, in the absence of its consent, immune to suit. This concept became a part of the American common law, and in the main was enforced as rigorously on this side of the Atlantic as in the mother country.

The oft-times inequitable consequences of sovereign immunity in the United States were at first sought to be ameliorated through the device of private legislative …

Admiralty-Injury To Longshoreman Working Ashore By Unseaworthiness Of The Vessel, Jean Engstrom S.Ed.

Michigan Law Review

Plaintiff, employed by an independent contractor to lade defendant's ship, was injured by a "pontoon" hatch cover which fell on his foot while he was working on the dock beside the ship. The court below found that defendant was not negligent, but that the ship was unseaworthy and that its unseaworthiness caused plaintiff's injury. Held, judgment for plaintiff affirmed. Breach of the warranty of seaworthiness is a tort arising out of a maritime status or relation and is therefore cognizable by maritime law whether occurring at sea or on land; a longshoreman employed by an independent contractor to lade a …

Recent Cases

South Carolina Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

CONTRACTS--CONSIDERATION--AGREEMENT TO SUPPORT ILLEGITIMATE CHILD

===============================

CONTRIBUTION--JOINT TORTFEASORS--REMEDY GRANTED

===============================

CONTRIBUTION--JOINT TORTFEASORS--REMEDY GRANTED WHEN TORT CONSISTS OF NEGLIGENCE

===============================

CREDITORS' RIGHTS--RECEIVERSHIP OF OPERATING BUSINESS--CHATTEL, MORTGAGEE ENTITLED TO FORECLOSURE RATHER THAN SMALLER MONTHLY PAYMENTS ORDERED BY COURT

===============================

EVIDENCE--DEAD MAN STATUTE--OBSERVATION OF PHYSICAL CONDITIONS NOT A "TRANSACTION" WITHIN MEANING OF STATUTE

===============================

EVIDENCE--JUDICIAL NOTICE--TENETS OF COMMUNIST PARTY

===============================

FEDERAL COURTS--HABEAS CORPUS IN EXTRADITION PROCEEDINGS--NECESSITY OF EXHAUSTING REMEDIES IN STATE COURTS

===============================

IMPLIED WARRANTY--WARRANTY OF SEAWORTHINESS--WARRANTY WITHOUT A SALE

===============================

NEGLIGENCE OF LANDOWNER--PERSON TAKING SHORTCUT THROUGH STORE--LICENSEE OR BUSINESS GUEST?

===============================

RES JUDICATA--INDEMNITOR-INDEMNITEE RELATIONSHIP AS EXCEPTION TO REQUREMENT OF MUTUALITY--CREATION …

Restrictive Covenant Cases Reviewed, Richard C. Baker

South Carolina Law Review

No abstract provided.

Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will

Michigan Law Review

A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).

Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen

Michigan Law Review

Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …

Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.

Michigan Law Review

Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.

Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.

Michigan Law Review

Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.

Standard Of Care Of Students--Assumption Of Risk Misapplied To Avoid Negligence Issue--Wall V. Gill, George Creedle

Kentucky Law Journal

No abstract provided.

Landowner's Liability For Infant Drowning In Artificial Pond

Indiana Law Journal

No abstract provided.

Raising The Issue Of Last Clear Chance, Richard C. Ogline, M. Kenneth Thornton

Case Western Reserve Law Review

No abstract provided.