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Full-Text Articles in Law

Poisoning By Common Household Products, Robert D. Mercer Jan 1959

Poisoning By Common Household Products, Robert D. Mercer

Cleveland State Law Review

The danger of poisoning, especially of children, is widespread. In Greater Cleveland, Ohio alone, during 1957 (excluding deaths from automobile accidents) 43 children were accidentally killed. Eleven of those deaths were due to poisoning; all of the children being in the age group from one year to six years. In a recent six-month period the Poison Information Center of The Academy of Medicine of Cleveland received 1,535 calls concerning treatment for accidental poisoning of children. This figure by no means indicates the total number of cases of poisoning that actually occurred. These terrible statistics can be sharply reduced by proper …


Nature Of The Problem - What Is Warranty, Lee E. Skeel Jan 1959

Nature Of The Problem - What Is Warranty, Lee E. Skeel

Cleveland State Law Review

The ability of the common law to adopt desirable revisions of established legal principles, and yet to maintain stability, has been the basis of its strength as a world legal system. It certainly is desirable to continue the legal principles of express warranty, as defined by the common law, and to hold liable in tort one who induces a sales transaction to his benefit by direct (and untrue) statements to the buyer as to the quality or desirability of the goods sold. It is sound law and logic to permit an action for damages by virtue of the buyer's reasonable …


Optometrists' Tort Liability, Gerald F. Sweeney Jan 1959

Optometrists' Tort Liability, Gerald F. Sweeney

Cleveland State Law Review

The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.


Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri Jan 1959

Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri

Cleveland State Law Review

Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.


Viewpoint Of The Consumer, Catherine H. Hotes Jan 1959

Viewpoint Of The Consumer, Catherine H. Hotes

Cleveland State Law Review

When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.


Food And Drug Allergy Causation And Characteristics, Richard R. Evans Jan 1959

Food And Drug Allergy Causation And Characteristics, Richard R. Evans

Cleveland State Law Review

It seems strange indeed that common and useful foods at times can do harm and even threaten life rather than sustain it. This is true of both advertised food products and of common, unadvertised foods. Food allergy may produce a variety of symptoms, including reactions involving the skin, the gastrointestinal tract, and the respiratory system; rarely, even severe constitutional shock-like reactions occur.


Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe Jan 1959

Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe

Cleveland State Law Review

The legal criterion by which fraudulent or predatory motivation is judged is not the "conscience" of the actor. Rather the external manifestations of conscience constitute the test of this motivation. Conduct, rather than subjective thought, is most frequently the standard or test employed by the community. In modern legal systems, conduct is of small significance unless it has some outward consequence which is actually or potentially harmful to the actor or others; fraud is such a consequence.


Tort Liability Of Hospitals, B. Joan Holdridge Jan 1959

Tort Liability Of Hospitals, B. Joan Holdridge

Cleveland State Law Review

In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …


Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum Jan 1959

Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.


Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr. Jan 1959

Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.

Cleveland State Law Review

This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.


Tort Aspects Of Space Technology, Rathuel L. Mccollum Jan 1959

Tort Aspects Of Space Technology, Rathuel L. Mccollum

Cleveland State Law Review

The purpose of this article is to examine the tort problems connected with space activities.


Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason Jan 1959

Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason

Cleveland State Law Review

It is submitted that if courts are willing to assume the responsibility of imposing liability without fault, they must recognize the importance of holding plaintiffs to the burdens of proof which they have traditionally been required to bear. There is no valid social, economic, or legal theory which justifies a relaxation of these standards of proof under either theory oftort or express warranty. Particularly in the latter instance, where remote purchasers having no contact with the defendant are permitted to maintain actions without a showing of negligence, such relaxation can only encourage a multiplicity of spurious claims.


Liability Of Retailer And Wholesaler, William J. Hotes Jan 1959

Liability Of Retailer And Wholesaler, William J. Hotes

Cleveland State Law Review

With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …


Advertising Law And Product Liability, Robert B. Dunsmore Jan 1959

Advertising Law And Product Liability, Robert B. Dunsmore

Cleveland State Law Review

Perhaps a quick look at the advertising industry will better enable us to form an opinion about the real merits of the liability imposed on a manufacturer as a result of representations made in his advertising.


Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan Jan 1959

Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan

Cleveland State Law Review

Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …


Law Of Manufacturer's Liability, B. Joan Holdridge Jan 1959

Law Of Manufacturer's Liability, B. Joan Holdridge

Cleveland State Law Review

This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.


Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson Jan 1959

Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson

Cleveland State Law Review

This paper is a primer for physicians and their counsel, outlining ways of avoiding a malpractice suit and what to expect in court. My first county medical society appointment in 1912 was as chairman of the legislative committee, and in the years intervening I have had wide experience advising doctors, helping defense attorneys, appearing in court many times as an expert witness, and as a defendant. So I speak from experience. The suggestions as to technique are, in the main, from the recordsm of three cases (containing photostatic copies of all office and hospital records, pyelograms, detective reports, etc.), loaned …


Exculpatory Clauses In Leases, Margaret Mazza Jan 1959

Exculpatory Clauses In Leases, Margaret Mazza

Cleveland State Law Review

Exculpatory clauses in leases are used in order to free the lessor from liability for his future acts of negligence. For the purpose of this article we will assume that there was a legal duty resting upon the party asserting the clause as a defense. The validity of such a provision then requires a choice between two conflicting policies: (1) a person should be liable for the negligent breach of his duty; (2) a person should have the right to contract freely. The common law developed the rights and duties of the parties in certain relations and determined that damages …