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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 Mar 2022

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 Sep 2019

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 Dec 2018

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 Sep 1994

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 Jun 1992

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 Jan 1991

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 Apr 1981

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 Apr 1975

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 Feb 1969

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 Apr 1966

Torts--Unavoidable Accident, William Jack Stevens

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, William Walter Smith Jun 1964

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 Feb 1962

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. Feb 1960

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

West Virginia Law Review

No abstract provided.


West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis Dec 1958

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. Jun 1958

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 Apr 1958

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. Jun 1956

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. Feb 1948

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. Jun 1947

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. Dec 1937

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 Jun 1935

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 Apr 1929

Negligence--Turntable Doctrine--Explosives, Lester C. Hess

West Virginia Law Review

No abstract provided.


Negligence--Turntable Doctrine--Explosives, L. C. Hess Dec 1928

Negligence--Turntable Doctrine--Explosives, L. C. Hess

West Virginia Law Review

No abstract provided.


Torts--Negligence--Degrees Of, Arlos Jackson Harbert Dec 1927

Torts--Negligence--Degrees Of, Arlos Jackson Harbert

West Virginia Law Review

No abstract provided.


Contributory Negligence--Look And Listen Rule, C. P. H. Jun 1922

Contributory Negligence--Look And Listen Rule, C. P. H.

West Virginia Law Review

No abstract provided.