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Torts -- 1955 Tennessee Survey, John W. Wade Aug 1955

Torts -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The decision of whether a defendant is negligent is normally for the jury to decide. This year, as in other years, the Tennessee courts have taken frequent opportunity to emphasize this,' though a directed verdict is proper when the jury could reasonably reach only a single result. The negligence issue is submitted to the jury in terms of the usual standard--whether the defendant acted as a reasonable prudent person would have acted under the same or similar circumstances. At times some of the circumstances may be more specifically adverted to in the instructions. Thus, under the "emergency", or "sudden peril …

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Hilyar V. Union Ice Co., Jesse W. Carter Jul 1955

Hilyar V. Union Ice Co., Jesse W. Carter

Jesse Carter Opinions

Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.

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Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling May 1955

Negligence - Duty Of Landlord Toward His Own Social Guest Injured On A Common Stairway, Lawrence Sperling

Michigan Law Review

Defendant was co-owner of an apartment house and occupied one of the apartments. Plaintiff, his invited social guest, was injured while descending the common stairway because of defendant's negligence in failing to provide adequate lighting. A directed verdict for the defendant was affirmed by the appellate division on the ground that plaintiff as a social guest of the landowner was only a licensee. On appeal to the supreme court, held, reversed, three judges dissenting. A social guest of the landlord is an invitee while on the common stairway and therefore may recover for injuries sustained due to negligent maintenance …

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Jensen V. Minard [Dissent], Jesse W. Carter Apr 1955

Jensen V. Minard [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court erred in giving certain instructions requested by defendant because the jury should not have been foreclosed from considering evidence provided by the happening of the accident itself in determining whether defendant was negligent.

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Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke Mar 1955

Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke

Michigan Law Review

Appellant, a minor, was injured by the explosion of an "aerial bomb" which he found on a county fair ground. Two of the defendants admitted having brought aerial bombs to the fair but each entered evidence which if believed would show that he had not left the article which injured the appellant. These two defendants were completely independent of each other and it was admitted that both could not be responsible for the injury to the child. The lower court instructed the jury that if they could not determine which of the two defendants was actionably negligent, they were compelled …

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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 …

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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 …

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Comment: How Much Is Too Much--Pleading, Proof And Res Ipsa Loquitur, Anonymous Jan 1955