Family Law Commons^™

Torts--Father's Action Against Unemancipated Son For Loss Of Services Of Another Unemancipated Son, A. M. P.

West Virginia Law Review

No abstract provided.

Tort Actions Between Husband And Wife, Catherine H. Hotes

Cleveland State Law Review

In the majority of states, the Married Women's Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity.

Torts Between Parent And Child, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.

Michigan Law Review

Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …

Personal Injury Torts Between Spouses, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

Conflict Of Laws In Insurance Coverage Of Interspousal Torts

Washington and Lee Law Review

No abstract provided.

Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P.

West Virginia Law Review

No abstract provided.

Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.

Michigan Law Review

Fourteen states now have statutes imposing vicarious liability upon parents for tortious acts of their children. These statutes, with one exception, all have been enacted within the past six years, and they present the most significant attempt to date by legislatures to control the incidence and remedy the effects of juvenile vandalism. The parental liability laws vary with respect to the ages of the children covered, and they place different pecuniary limits on the extent of the parent's liability. Coverage may extend to personal injuries as well as to property damage. All except the Louisiana statute, however, apply only to …

Husband And Wife - Right Of Wife To Sue For Loss Of Consortium Due To Negligent Injury To Husband, James M. Porter S.Ed.

Michigan Law Review

Plaintiff brought an action for loss of consortium with her husband, allegedly due to defendant's negligent injury of the husband. In a prior suit the husband's cause of action against the defendant had been settled and dismissed with prejudice. The trial court dismissed the present suit for failure to state a cause of action. On appeal, held, reversed. The wife has a valuable property right of consortium. Iowa statutes pertaining to the rights of married women clearly indicate the intent of the legislature to remove the common law bar of coverture that prevented a wife from maintaining an action …

Property Torts Between Spouses And Use During Marriage Of The Matrimonial Home Owned By The Other, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.

Michigan Law Review

Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.

Community Property, William H. Mays

Washington Law Review

Covers cases on tort liability and conflict of laws.

Family Responsibility In Tort, William J. Harbison

Vanderbilt Law Review

At common law an unmarried woman occupied no special status as far as tort liability was concerned, and the same rules and standards of responsibility applied to her as to society generally. Since marriage imposed upon a woman a very extensive disability, however, there developed a number of special rules concerning tort responsibility of the married woman.

Marriage did not impose upon the wife any special or peculiar liability for wrongful acts committed by her husband at common law, and, except in certain instances hereafter noted, she is not thus liable today. It is true that since the enactment of …

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.

Michigan Law Review

Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …

Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein

Michigan Law Review

Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …

Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.

Michigan Law Review

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Torts - Wife's Right To Sue Husband, Samuel Watts Phillips

William and Mary Review of Virginia Law

No abstract provided.

Torts-Right Of Married Woman To Sue Husband For Personalinjuries Inflicted Before Marriage. [Virginia]

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Action Of Child Against Parent For Personaltort Committed In Non-Parental Capacity. [Ohio]

Washington and Lee Law Review

No abstract provided.

Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young

Michigan Law Review

Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …

Wrongful Death—Action By Wife’S Administrator Allowed Though Wife Could Not Have Brought Action Had She Lived, Ralph L. Halpern

Buffalo Law Review

Welch v. Davis, 410 Ill. 130, 101 N. E. 2d 547 (1951).

Torts-Alienation Of Parent's Affection, John J. Edman S.Ed.

Michigan Law Review

Plaintiff, a minor child, brought a tort action against defendant for enticing her mother to desert her, thereby depriving plaintiff of support, maintenance, and maternal care and affection. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statutes of the state provide other means of support of the child, and he has no right of action for the deprivation of a parent's love and affection. Nelson v. Richwagen, (Mass. 1950) 95 N.E. (2d) 545.

Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.

Michigan Law Review

Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …

Tort Liability Of Parent To Minor Child

Indiana Law Journal

No abstract provided.

Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S.

West Virginia Law Review

No abstract provided.

Torts-Right Of Husband Paying Medical Expenses To Obtain Reimbursement From Injured Wife Out Of Damages Recovered From Tortfeasor [Floyd V. Miller, Va. 1950].

Washington and Lee Law Review

No abstract provided.

Torts-Cause Of Action Of Minor Child For Enticement Of Its Parent [Miller V. Monsen, Minn. 1949].

Washington and Lee Law Review

No abstract provided.

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery

Michigan Law Review

Plaintiff, a six year old girl, sued to recover damages alleged to have been sustained as a result of defendant's enticing her mother from the family home. Plaintiff contended that as a child and member of the family she had a legally protected right to maintenance of the family relationship. Defendant answered that no tort had been committed, since no right in the plaintiff was recognized at common law and that to recognize such a right would amount to judicial legislation. From a judgment in favor of plaintiff, defendant appealed. Held, affirmed. Allowing a child a right of action …