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Full-Text Articles in Law

Liability For Aircraft Damage To Ground Occupiers-A Study Of Current Trends In Tort Law Oct 1955

Liability For Aircraft Damage To Ground Occupiers-A Study Of Current Trends In Tort Law

Indiana Law Journal

No abstract provided.


Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant Aug 1955

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …


The Degree Of Privilege Afforded The Press In South Carolina In Publication Of Quasi-Judicial Proceedings, Kenneth M. Powell Jul 1955

The Degree Of Privilege Afforded The Press In South Carolina In Publication Of Quasi-Judicial Proceedings, Kenneth M. Powell

South Carolina Law Review

No abstract provided.


Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed. Jun 1955

Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.

Michigan Law Review

Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …


Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes May 1955

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes

Michigan Law Review

Plaintiff, a citizen of Louisiana, was injured in an automobile accident allegedly caused by the negligence of another citizen of Louisiana. Defendant insurance company, an Illinois corporation, had issued a public liability policy insuring the latter against claims arising from the negligent operation of his car. Pursuant to a Louisiana statutory provision that "the injured person or his or her heirs, at their option, shall have a right of direct action . . . against the insurer alone or against both the insured and the insurer, jointly and in solido,'' respondent brought an action against the petitioner alone in the …


Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle Feb 1955

Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle

Michigan Law Review

One of the defendants, a child four years and eight months of age, while playing with infant plaintiff, threw a stone which struck a bottle near where plaintiff was standing. A chip of glass Hew from the bottle into the eye of plaintiff, resulting in injury. The action was brought by infant plaintiff's father individually and as guardian ad litem against infant defendant's father individually and as guardian ad litem. The trial court denied infant defendant's motion for summary judgment. On appeal, held, reversed and remanded with directions to dismiss the complaint as to infant defendant. The authorities do …


Negligence - Proximate Cause - Liability Of Saloon Keeper For Liquor Sale Against Wife's Notice, Stephen C. Bransdorfer Feb 1955

Negligence - Proximate Cause - Liability Of Saloon Keeper For Liquor Sale Against Wife's Notice, Stephen C. Bransdorfer

Michigan Law Review

A wrongful death action was brought by the widow and children of a deceased patron of defendant's saloon, the patron having been fatally injured in a fall while engaged in fisticuffs after consuming liquor sold by defendant. Plaintiffs alleged that defendant knew that deceased became belligerent when intoxicated and that sales were made despite widow's prior request that liquor not be furnished to deceased husband in sufficient quantity to cause intoxication. The trial court sustained a demurrer without leave to amend and gave judgment for defendant. On appeal, held, reversed; the trial court abused its discretion. Cole v. Rush …


Agency--Liability Of National Oil Companies For Torts Of Service Station Operators, George D. Schrader Jan 1955

Agency--Liability Of National Oil Companies For Torts Of Service Station Operators, George D. Schrader

Kentucky Law Journal

No abstract provided.


Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck Jan 1955

Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck

Michigan Law Review

Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …