Law Commons^™

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub

West Virginia Law Review

No abstract provided.

The Thrust Of Tort Law Part I: The Influence Of Environment, Leon Green

West Virginia Law Review

No abstract provided.

Admiralty-Jurisdiction - Statute Extending Admiralty Jurisdiction To Include Amphibious Torts Resulting In Personal Injury, Francis X. Beytagh

Michigan Law Review

Libelant linehandler, injured undocking a vessel, brought a personal injury action against the shipowner. Leave to amend this complaint by naming the city of Los Angeles and a tugboat company as defendants was denied by the federal district court. Libelant then filed suit on the admiralty side of the same district court against the city and the tugboat company on the identical cause of action. In ruling on respondents' exceptions to this libel, held, exceptions overruled. Upon establishing the constitutional validity of the Admiralty Extension Act, jurisdiction pursuant to its provisions can properly be exercised in the instant ship-to-shore …

Torts—Subcontractor Fulfilling All Contractual Duties Not Liable For Negligent Injury Of Pedestrian, Buffalo Law Review Board

Buffalo Law Review

McAllister v. New York City Housing Authority, 9 N.Y.2d 568, 216 N.Y.S.2d 77 (1961); Sobel v. City of New York, 9 N.Y.2d 187, 213 N.Y.S.2d 36 (1961).

Agency -- 1961 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

The topic "agency" includes the areas of "master and servant" as well as those of "principal and agent." There were few cases in these areas decided by the Tennessee courts during the period under survey. Generally, basic principles were applied to routine cases.In certain instances the reliance upon a prior fact determination avoided the necessity of an elaborate treatment of the facts. In one or two cases the court reached a result that may not be deemed desirable though supported by much authority. Significant points received less attention than they deserved in certain cases. In one case the basic question …

Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

1. Non-Resident Motorists.-The statute subjecting non-residents to suit in Tennessee for injuries inflicted within the state has been extended by interpretation to non-resident parents who join in their minor child's application for a driver's license.

2. Watercraft.-The principle of the non-resident motorists statutes has been applied to watercraft by a statute entitled "Operation of watercraft in state as appointment of agent for process."

III. Support In Thomas v. Thomas a woman had been granted a divorce in Tennessee and custody of the children of the marriage, with a decree of support for the children against the father but with it …

Restitution -- 1961 Tennessee Survey, John W. Wade

Vanderbilt Law Review

"A person who has been unjustly enriched at the expense of an-other is required to make restitution to the other." This is the first section of the Restatement of Restitution.' It indicates the principle underlying a field of the law coordinate with tort and contract.About a dozen cases during the survey period may be classified as raising a problem within this general subject. They do not cover the whole range of the field and have here been classified on a pragmatic rather than an analytical basis.

Services are normally rendered under a contract which governs the nature of the services …

Torts -- 1961 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

The tort cases reported during the past year were of unusual interest. A number of them dealt with points of first impression in this state. Others represent developments of the law designed to bring it into harmony with changing conditions, as in the application of the res ipsa loquitur doctrine to the unexplained fall of an air-liner, or in the clarification of the duties of an automobile driver to a mere licensee in the vehicle. While the basic pattern for justice in the field of torts has been worked out by our courts with much care and wisdom, occasional modifications …

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

Book Reviews, Winthrop R. Munyan, John W. Fager, Walter P. Armstrong Jr., Jerry L. Moore

Vanderbilt Law Review

Taxation of Foreign Income By Boris I. Bittker and Lawrence F. Ebb. Stanford: Stanford University, 1960. Pp. xii, 580.

reviewer: Winthrop R. Munyan

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The Planning and Administration of Estates Edited by Rene A. Wormser. New York: Practising Law Institute, 1961. Pp. 324.

reviewer: John W. Fager

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How to Evaluate and Settle Personal Injury Cases By Allen Bush Indianapolis: The Bobbs-Merrill Company, Inc., 1959. Pp. x,148.

reviewer: Walter P. Armstrong, Jr.

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The Tax Practice Deskbook By Harrop A. Freeman and Norman D. Freeman Boston and Toronto: Little, Brown and Co., 1960. Pp. vii, 581. $17.50.

reviewer: Jerry L. …

Some Needed Changes In The Tort Law Of Virginia, Dudley Warner Woodbridge

William & Mary Law Review

No abstract provided.

Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert

William & Mary Law Review

No abstract provided.

Torts: Prenatal Injuries, Shannon T. Mason Jr.

William & Mary Law Review

No abstract provided.

Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.

Torts—Impact Theory Overruled, Roger V. Barth

Buffalo Law Review

Mohegan International Corp. v. City of New York, 9 N.Y.2d 69, 211 N.Y.S.2d 161 (1961).

Torts—Attack On Manufacturer’S Product May Impugn His Integrity And Be Actionable Without Proof Of Special Damages, Eugene J. Smolka

Buffalo Law Review

Greenberg v. Lorenz, 9 N.Y.2d 195, 213 N.Y.S.2d 39 (1961).

Torts—Privity Of Contract No Longer Needed In Certain Warranty Actions, Donald P. Simet

Buffalo Law Review

Battalla v. State, 10 N.Y.2d 237, 219 N.Y.S.2d 34 (1961).

Torts—Parent's Indemnity Contract Void As Against Public Policy, Donald G. Mcgrath

Buffalo Law Review

Badigian v. Badigian

Torts—Suit By Unemancipated Infant Against Negligent Parent, Eugene J. Smolka

Buffalo Law Review

Schlansky v. Augustus V. Riegel, Inc., 9 N.Y.2d 493, 215 N.Y.S.2d 52 (1961).

Torts—Statute Of Limitations On Negligence Claim Applicable, Donald P. Simet

Buffalo Law Review

Valdimer v. Mt. Vernon Hebrew Camps, Inc., 9 N.Y.2d 21, 210 N.Y.S.2d 520 (1961).

Torts—Risky Conduct By Experienced Worker As Contributory Negligence, Buffalo Law Review Board

Buffalo Law Review

Bush Terminal Bldgs. Co. v. Luckenbach S.S. Co, 9 N.Y.2d 426, 214 N.Y.S.2d 428 (1961).

Torts—Blaster's Liability For Concussion Damages, Philip C. Burke

Buffalo Law Review

Harwood Pharmacal Co. v. National Broadcasting Co., 9 N.Y.2d 460, 214 N.Y.S.2d 725 (1961).

Torts—Liberal Construction Of Rule Enacted Under Labor Law Protects Construction Workers, Robert D. Stein

Buffalo Law Review

Lorberblatt v. Gerst, 10 N.Y.2d 244, 219 N.Y.S.2d 40 (1961).

Torts—Surgeon's Liability For Patient's Death Is Jury Question, W. L.

Buffalo Law Review

Purcell v. Long Island Daily Press Publishing Co, 9 N.Y.2d 255, 213 N.Y.S.2d 425 (1961).

Torts—Interest On Damages Awarded In Negligence Is Discretionary With Jury, David R. Knoll

Buffalo Law Review

Conte v. Large Scale Development Corp, 10 N.Y.2d 20, 217 N.Y.S.2d 25 (1961).

Torts—Active Negligence By Cross-Complainant Bars Indemnity Against Co-Defendant, Buffalo Law Review Board

Buffalo Law Review

Weiss v. Rubin, 9 N.Y.2d 230, 213 N.YS.2d 65 (1961).

Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody

Washington Law Review

May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'

Measure Of Damages For Wrongful Death Of A Minor Child

Washington and Lee Law Review

No abstract provided.

Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards

Washington Law Review

The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity in Washington with a recently enacted statute. This abolition may be partial, however, and its full effect cannot be predicted with certainty. Much of this uncertainty is caused by the history of sovereign immunity, both in the State of Washington and elsewhere.