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Articles 1 - 25 of 25
Full-Text Articles in Law
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
West Virginia Law Review
No abstract provided.
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
West Virginia Law Review
No abstract provided.
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
West Virginia Law Review
No abstract provided.
Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen
Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen
West Virginia Law Review
No abstract provided.
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
West Virginia Law Review
No abstract provided.
Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos
Essay--Assumption Of Risk: Casuistry In The Law Of Negligence, Christ Gaetanos
West Virginia Law Review
No abstract provided.
Attorneys--Malpractice--Statute Of Limitations Extended, James D. Gray
Attorneys--Malpractice--Statute Of Limitations Extended, James D. Gray
West Virginia Law Review
No abstract provided.
Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius
Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius
West Virginia Law Review
No abstract provided.
Torts--Unavoidable Accident, William Jack Stevens
Torts--Unavoidable Accident, William Jack Stevens
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, William Walter Smith
Abstracts Of Recent Cases, William Walter Smith
West Virginia Law Review
No abstract provided.
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
West Virginia Law Review
No abstract provided.
Torts--Concurrent Causes, F. L. D. Jr.
West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis
West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis
West Virginia Law Review
Judicial compensation for accidental injuries is grounded upon legal fault. Assessment of fault involves not only finding the facts concerning actions of the parties, but also evaluation of their conduct. Determination is made whether the behavior is justified and, consequently, does not give rise to recovery, or whether it should be condemned, thus serving as a basis for compensation. This, the ethical portion of the problem of negligence liability, is performed by comparing the actions of a party with those of a hypothetical person, the reasonable man of ordinary prudence, acting under similar circumstances. The infinite variety of fact patterns …
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.
West Virginia Law Review
No abstract provided.
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
Attorney Negligence…A Suit Within A Suit, Richard G. Coggin
West Virginia Law Review
The law today, it would seem, has become, like most professions and sciences a creature of specialization. Not many years ago most practitioners of the law in this country would have considered the general field of negligence a somewhat limited subject. But today, even this small segment of the vast science of law must be divided and subdivided, each individual subdivision being guided by its own special set of rules. Because of this transition from the general to the special, any paper of this sort must be strictly limited in scope. Even the seemingly narrow subject of "attorney negligence” would …
Negligence--Liability Of Automobile Driver Injuring Others After Sudden Physical Or Mental Incapacitation, G. H. W.
West Virginia Law Review
No abstract provided.
Negligence--Res Ipsa Loquitor--Exclusiveness Of Defendant's Control Over Residual Circumstances After All Elements Of Shared Control Eliminated, L. H. B.
West Virginia Law Review
No abstract provided.
Negligence--Last Clear Chance--Application Of Doctrine Where Plaintiff Inattentive And Defendant Sees Plaintiff Killed And Had Opportunity To Realize Danger, C. W. W.
West Virginia Law Review
No abstract provided.
Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.
West Virginia Law Review
No abstract provided.
Negligence--Conflict Of Laws--Action Against Spouse For Torts In Another State, Guy Otto Farmer
Negligence--Conflict Of Laws--Action Against Spouse For Torts In Another State, Guy Otto Farmer
West Virginia Law Review
No abstract provided.
Negligence--Turntable Doctrine--Explosives, Lester C. Hess
Negligence--Turntable Doctrine--Explosives, Lester C. Hess
West Virginia Law Review
No abstract provided.
Negligence--Turntable Doctrine--Explosives, L. C. Hess
Negligence--Turntable Doctrine--Explosives, L. C. Hess
West Virginia Law Review
No abstract provided.
Torts--Negligence--Degrees Of, Arlos Jackson Harbert
Torts--Negligence--Degrees Of, Arlos Jackson Harbert
West Virginia Law Review
No abstract provided.
Contributory Negligence--Look And Listen Rule, C. P. H.
Contributory Negligence--Look And Listen Rule, C. P. H.
West Virginia Law Review
No abstract provided.