Law Commons^™

Tort Law In Midstream: Its Challenge To The Judicial Process, Fleming James Jr.

Buffalo Law Review

The James McCormick Mitchell Lectures, delivered at the University of Buffalo School of Law, April 3-4, 1959.

Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.

Michigan Law Review

Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …

Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed.

Michigan Law Review

Decedent Schuster supplied information to the police which led to the arrest of the notorious Willie "The Actor" Sutton. After decedent's part in the arrest was widely publicized he received threats against his life. He demanded police protection, which was denied on a belief that the threats were not seriously made. Three weeks later the decedent was shot and killed by an unknown assailant. Plaintiff, administrator of decedent's estate, sued the defendant city to recover damages for wrongful death. The supreme court dismissed the complaint, and the appellate division affirmed. On appeal, held, reversed, three judges dissenting. The complaint …

Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball

Michigan Law Review

A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.

Torts--Initial Recognition Of Right Of Privacy--Allegation Of Publication Unnecessary To Maintain Action, M. D. W. Jr.

West Virginia Law Review

No abstract provided.

The Duty To Warn Allergic Users Of Products, Dix W. Noel

Vanderbilt Law Review

There has been much recent development of the law in the field of products liability, and one of the more significant aspects of this development relates to harm suffered by allergic users of cosmetics, dyed clothing, and other familiar products. The medical descriptions of allergy are complicated and changing, but from a legal standpoint the significant factor is that an allergic reaction is one suffered by only a minority of the persons exposed to a particular substance. A description which brings out this factor is one which defines allergy or hyper-sensitivity as "the condition or state of an individual who …

Book Reviews, Stanley D. Rose (Reviewer), Wallace Mendelson (Reviewer), Lawrence Herman (Reviewer), William R. Anderson (Reviewer)

Vanderbilt Law Review

THE PRESIDENCY OF JOHN ADAMS, THE COLLAPSE OF FEDERALISM, 1795-1800. By Stephen G. Kurtz-- Philadelphia: University of Pennsylvania Press, 1957. Pp. 448. $8.50.

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THE JEFFERSONIAN REPUBLICANS, THE FORMATION OF PARTY ORGANIZATION, 1789-1801. By Noble E. Cunningham, Jr.-- Chapel Hill: University of North Carolina Press, 1957. Pp. x, 279. $6.00.

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THE SUPREME COURT FROM TAFT TO WARREN-- By Alpheus T. Mason-- Baton Rouge: Louisiana State University Press, 1958. Pp. 250. $4.95.

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THE LAW OF AWOL. By Alfred Avins. New York: Oceana Publications, 1957. Pp. xxxi, 288. $4.95. --

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TRAFFIC VICTIMS, TORT LAW & INSURANCE. By Leon Green. …

Spousal Imputation Of Negligence In Joint Enterprises

Washington and Lee Law Review

No abstract provided.

Contribution: Limitation On The Liability Of One Tortfeasor

Washington and Lee Law Review

No abstract provided.

Insurer Liable For Beneficiary's Murder Of Life Insured

Washington and Lee Law Review

No abstract provided.

Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe

Michigan Law Review

Defendant, lessor of a delivery truck, agreed with the lessee to maintain the vehicle in good condition and make regular inspections. The lessee's driver was not to make any repairs or adjustments but was to deliver the truck to the lessor as it needed repairs or as requested for inspection. Two years after the lease was made, plaintiff-driver made a written request to the lessor for repairs to the floor in the driver's compartment. Although plaintiff left the truck overnight with the lessor and made several further requests, the floor was not repaired. One month after notifying the lessor, plaintiff …

Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding

Michigan Law Review

Plaintiff, suffering from bursitis in the right shoulder, received X-ray treatments from defendant physicians. Subsequent thereto, plaintiff's shoulder began to itch, scab, and blister for several years, a condition diagnosed as chronic radiodermatitis caused by the X-ray therapy. Approximately two years after the treatments, plaintiff was examined by a dermatologist who advised her to have her shoulder checked every six months because the area might become cancerous. Plaintiff then developed a severe "cancerphobia," an apprehension that she would ultimately develop cancer from the radiation burn. Plaintiff brought a malpractice suit against defendant physicians, seeking recovery for the physical injury and …

Gonzi V. Superior Court Of San Francisco, Jesse W. Carter

Jesse Carter Opinions

Court granted writ of mandate directing the trial court to permit plaintiff to have a court reporter to be present when she submitted to a court ordered physical examination by a doctor employed by defendants in a negligence suit.

Courtell V. Mceachen [Dissent], Jesse W. Carter

Jesse Carter Opinions

The evidence supported the theory that a five-year-old minor child was contributorily negligent with respect to her injuries, so it was reversible error to give the jury an instruction that negated the child's contributory negligence.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Torts--Assumption Of Risk And Contributory Negligence As Separate Defenses, G. H. A.

West Virginia Law Review

No abstract provided.

Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee

Michigan Law Review

This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …

Torts--Intervening Cause--Liability Of Original Tortfeasor For Subsequent Damages To Property By A Repairman, A. G. H.

West Virginia Law Review

No abstract provided.

Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A California gas station was not liable for personal injury one customer caused to another customer where no evidence showed that the gas station was on notice that the customer was acting, or might act, negligently.

Gomes V. Byrne [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because plaintiff assumed the risk that a dog barking at him through a fence would bite him if he entered through the gate of the fence, the dog's owner was not liable for injuries resulting from the dog bite.

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Agency--Automobile Tort Liability Of The Minor Principal, Wilbur D. Short

Kentucky Law Journal

No abstract provided.

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.

The Indiana Guest Statute

Indiana Law Journal

No abstract provided.

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

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

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 …

New York's Motor Vehicle Accident Indemnification Corporation: Past, Present, And Future, Peter Ward

Buffalo Law Review

No abstract provided.

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

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.