Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr. Nov 1960

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.

Michigan Law Review

Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …


Personal Property And Sales -- 1960 Tennessee Survey, Gilbert S. Merrit, Jr. Oct 1960

Personal Property And Sales -- 1960 Tennessee Survey, Gilbert S. Merrit, Jr.

Vanderbilt Law Review

A foreigner given to rash generalizations would quickly conclude upon reading this year's sales and personal property cases that the three most flourishing and litigation-producing institutions in Tennessee are the automobile, the General Motors Acceptance Corporation and bootlegging. The automobile is responsible for all five of the cases covered in this survey; in four of the five the General Motors Acceptance Corporation is the defendant; and two of the five grow out of bootlegging activities.


Torts -- 1960 Tennessee Survey, John W. Wade Oct 1960

Torts -- 1960 Tennessee Survey, John W. Wade

Vanderbilt Law Review

As usual, there were about forty reported Torts cases this year. There were no striking new developments. Many of the cases were merely routine, some of them indeed carrying quite long opinions without deciding anything which will give them real value as precedents for the future. The great majority of the cases involved actions for negligence, considerably more than half the cases being concerned with traffic accidents.


Agency -- 1960 Tennessee Survey, Warren A. Seavey Oct 1960

Agency -- 1960 Tennessee Survey, Warren A. Seavey

Vanderbilt Law Review

In Richardson v. Snipes' both parties to an exchange of land employed the plaintiff, the contract providing that the defendant would pay no commission unless the transfer was completed. The other party satisfied the conditions imposed by the defendant, who, however, refused to go through with the exchange. The court properly reversed judgment for the defendant; but the result should not have turned upon the finding of bad faith of the defendant, as the court held. The plaintiff had performed his undertaking which was to provide one who would exchange titles and who would have gone through with the transaction …


Hart & Honoré: Causation In The Law, Luke K. Cooperrider Apr 1960

Hart & Honoré: Causation In The Law, Luke K. Cooperrider

Michigan Law Review

A Review of CAUSATION IN THE LAW. By H. L. A. Hart and A. M. Honore.


Torts, Animal Or Vehicle, Contributory Negligence Of Pedestrians, James J. Mcgowan Jr. Mar 1960

Torts, Animal Or Vehicle, Contributory Negligence Of Pedestrians, James J. Mcgowan Jr.

William & Mary Law Review

No abstract provided.


Enforceability Of Exculpatory Clauses In Realty Leases Mar 1960

Enforceability Of Exculpatory Clauses In Realty Leases

Washington and Lee Law Review

No abstract provided.


Torts, Automobile Guest Statute, Owner-Passenger Not Guest Of Driver-Guest, Shannon T. Mason Jr. Mar 1960

Torts, Automobile Guest Statute, Owner-Passenger Not Guest Of Driver-Guest, Shannon T. Mason Jr.

William & Mary Law Review

No abstract provided.


Torts--Concurrent Causes, F. L. D. Jr. Feb 1960

Torts--Concurrent Causes, F. L. D. Jr.

West Virginia Law Review

No abstract provided.


Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan Feb 1960

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …


Case Notes Jan 1960

Case Notes

South Carolina Law Review

No abstract provided.


Torts, Justin C. Smith Jan 1960

Torts, Justin C. Smith

Case Western Reserve Law Review

No abstract provided.


Standards Of Care In Dentistry, Jerome A. Streem Jan 1960

Standards Of Care In Dentistry, Jerome A. Streem

Cleveland State Law Review

This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.


Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah Jan 1960

Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah

Cleveland State Law Review

In the annals of the spread of the common law to other lands and other ways, Malaya may deserve a modest place, but, as the selection here no doubt shows, so far it has made no significant contribution to the intellectual content of that law. It has neither produced nor harboured a Cardozo or a Dixon. At best, its judges have applied common law principles simply but soundly; they have never, at least in tort, been subtle or illuminating. Its legal history is of interest for its own sake; its legal achievement awaits us in the future, not in the …


Personal Injury Damages In Products Liability, Graham L. Fricke Jan 1960

Personal Injury Damages In Products Liability, Graham L. Fricke

Villanova Law Review

No abstract provided.


Personal Injury Damages In Products Liability, Graham L. Fricke Jan 1960

Personal Injury Damages In Products Liability, Graham L. Fricke

Villanova Law Review

No abstract provided.