Law Commons^™

Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for personal injuries suffered when she slipped on a spot of grease in the driveway of defendant's railroad station. The evidence showed that the spot was at least one foot square and was covered with dust and dirt so that it resembled in color and texture the rest of the pavement. The evidence also indicated that vehicles often drove through and parked in the drive, and that there were no marks on the spot other than a deep skid mark left by plaintiff's heel. The trial court allowed the jury to determine from this evidence …

Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..

Michigan Law Review

A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …

Admiralty - Right To Jury Trial In Certain Cases On Great Lakes - Maintenance And Cure Not Contract Or Tort Matter, Richard B. Barnett S.Ed..

Michigan Law Review

Libelant brought an action for maintenance and cure on the admiralty side of a federal district court in Illinois. He requested a jury trial, relying on the Act of February 20, 1845, which provides that in certain admiralty and maritime cases arising on the Great Lakes relating to any matter of contract or tort, trial shall be by jury on the demand of either party. The trial court heard the case without a jury and dismissed the libel on the merits. The court of appeals held, on appeal, that maintenance and cure was a matter of ancient and established …

Torts, John W. Wade

Vanderbilt Law Review

As might have been expected a large portion of the litigation before the Tennessee appellate courts during the Survey period involved tort actions. Most of these actions, of course, were based upon negligence. There were several cases involving the intentional harms of assault and battery and false imprisonment. No cases were decided involving deceit, defamation, strict liability or interference with advantageous relations.

Workmen's Compensation, John M. Cate

Vanderbilt Law Review

A review of the past year in Workmen's Compensation in Tennessee must of necessity take into account any legislative change in the Compensation Act itself' as well as trends disclosed through the decisions of the courts. The modern development and growth of this new theory, that of liability without fault, make pertinent the inquiry. Although a development of one generation, the theory of Workmen's Compensation is now almost universal in application. Under it, industry bears its fair share of the cost of injuries to workers, without any reference to fault or blame or negligence, where there is a reasonably apparent …

Saporito V. Purex Corp. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The evidence supported the finding that a manufacturer was liable in negligence to party who was injured when a glass bottle of a bleaching solution prepared and bottled by the manufacturer burst in her hands.

Joint Tortfeasors And The Conflict Of Laws, John W. Wade

Vanderbilt Law Review

Much has been written regarding tort liability and the conflict of laws and there are numerous cases in the field.' But little attention has been paid to the conflicts aspects of the many legal problems which surround the concept of joint tortfeasors. This paper attempts to collect the relatively few decisions on the subject and to analyze the problems involved.

In the beginning it should be made clear that the term "joint tortfeasors" is used, unless otherwise indicated, in the broad, somewhat colloquial sense which most American courts use today. Thus used, it includes both joint tortfeasors in the narrow …

Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge

Michigan Law Review

The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …

The Attractive Nuisance Doctrine In The Virginias, William C. Beatty

Washington and Lee Law Review

No abstract provided.

Torts-Imputation Of Driver's Negligence To Passenger Injured In Collision To Bar Recovery From Negligent Driver Of Other Car. [Virginia]

Washington and Lee Law Review

No abstract provided.

Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.

Michigan Law Review

Plaintiff sued for damages to his fruit and grocery market which were allegedly caused by the negligence of defendant. Interrogatories were submitted by defendant designed to determine whether or not plaintiff had been paid the full amount of his loss by an insurance company and had assigned his claim to that company. The trial court sustained a motion to strike the interrogatories. On appeal, held, reversed, two judges dissenting. Although a tortfeasor cannot defeat an action by the insured by showing full subrogation of the insurer, he can plead an assignment of the insured's claim to show that the …

The Assured Clear Distance Ahead Rule In Ohio, Murray Carl Lertzman

Case Western Reserve Law Review

No abstract provided.

Negligence--Assumption Of Risk Applied To Spectator At Hockey Game, Robert A. Friel

Case Western Reserve Law Review

No abstract provided.

Admiralty-Validity Of "Born-To-Blame" Clause In Bill Of Lading, Richard B. Barnett S.Ed.

Michigan Law Review

Petitioner is owner of the S.S. Nathaniel Bacon which collided with the Esso Belgium damaging both ships. The cargo of the Bacon, owned by respondents, was also damaged. The collision was caused by the negligent navigation of employees of both ships. The bill of lading issued to respondents contained a "both-to-blame" clause requiring the cargo owners to indemnify the carrier for any cargo loss indirectly borne by the carrier. This action was brought to determine liability for the damages suffered in the collision. Held, on appeal, the ''both-to-blame" clause is invalid because of public policy prohibiting carriers from …

Plaintiff's Violation Of A Statute As Affecting Recovery For Negligence--"Proximate Cause", William S. Tribell

Kentucky Law Journal

No abstract provided.