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Articles 1 - 12 of 12

Full-Text Articles in Law

Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula Dec 1961

Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula

West Virginia Law Review

No abstract provided.


Criminal Law-Involuntary Manslaughter- Presence As A Pre-Requisite To Liablity For Permitting An Incompetent To Drive An Automobile, Peter D. Byrnes S. Ed Nov 1961

Criminal Law-Involuntary Manslaughter- Presence As A Pre-Requisite To Liablity For Permitting An Incompetent To Drive An Automobile, Peter D. Byrnes S. Ed

Michigan Law Review

Defendant gave his car keys to an intoxicated friend and permitted him to operate the vehicle while the defendant was at home in bed. As he was driving on the wrong side of the highway, the friend was involved in a head-on collision which resulted in the death of the drivers of both vehicles. Defendant was convicted of involuntary manslaughter and of the misdemeanor of allowing an intoxicated person to operate his automobile. On appeal, held, conviction of manslaughter reversed. Although one who permits an intoxicated person to drive his car is guilty of a misdemeanor, he cannot be …


Torts: Immunity Of Parent From Suit By Child Does Not Extend To Estate Of Deceased Parent, Allan H. Harbert Oct 1961

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.


Agency -- 1961 Tennessee Survey, Elvin E. Overton Oct 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 …


Torts -- 1961 Tennessee Survey, Dix W. Noel Oct 1961

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 …


Assumption Of Risk As A Limitation Of Liability In Guest-Host Relationships Sep 1961

Assumption Of Risk As A Limitation Of Liability In Guest-Host Relationships

Washington and Lee Law Review

No abstract provided.


Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz Jun 1961

Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz

Michigan Law Review

When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …


Concurrent Causation In Insurance Contracts, William Conant Brewer Jr. Jun 1961

Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.

Michigan Law Review

A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …


Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed. Jun 1961

Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed.

Michigan Law Review

Consider the following scheme for fraudulently obtaining money: A, a stranger to D, personally appears before D, represents himself as B and requests a loan. There is an existing person named B. For D's security a mortgage is produced in the name of B, but it has actually been penned by A. A check of the land records by D verifies that the land described in the mortgage is in fact owned by B. D, having satisfied himself as to the existence of B, draws a check payable to the …


Taxation, Charles H. Randall Jr. Apr 1961

Taxation, Charles H. Randall Jr.

South Carolina Law Review

No abstract provided.


Criminal Liability Of Parent For Omission Causing Death Of Child - Palmer V. State Craig V. State, Harriette Cohen Jan 1961

Criminal Liability Of Parent For Omission Causing Death Of Child - Palmer V. State Craig V. State, Harriette Cohen

Maryland Law Review

No abstract provided.


Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr. Jan 1961

Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.

Michigan Law Review

A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]