Legal Remedies Commons^™

Recent Eye Damage Awards, Margaret Mazza

Cleveland State Law Review

Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.

Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley

Cleveland State Law Review

Generally where one has been injured by another's wrongful conduct he is required to exercise ordinary care and reasonable prudence to seek medical treatment so as to minimize the defendant's damages. Failure to do so may diminish the amount of damages the injured person may recover. This is a fundamental principle of the law of damages, and not of tort.

Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.

Michigan Law Review

Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

Creditors' Rights - Physicians' Liens On Patients' Tort Claim, Clayton R. Smalley

Michigan Law Review

A recent Illinois statute creates a lien in favor of licensed physicians for their reasonable charges for treating persons injured by the negligent or wrongful act of another. The lien attaches to all claims or causes of action of the injured person against the person causing the injury, whether settled by litigation or by settlement. The maximum amount recoverable under the lien is one-third of the sum paid or due to the injured party, and the lien is expressly made to survive his death. The physician must serve notice of his assertion of the lien on both the injured party …

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel

Michigan Law Review

Plaintiff, a member of the crew of a fishing vessel, sustained injuries while disembarking when he slipped on a slimy substance on the ship railing. In an action brought against the shipowner, the seaman sought recovery on three alternative grounds: first, under the Jones Act based upon negligence; second, under general maritime law based upon the obligation of the shipowner to furnish a seaworthy vessel; third, under general maritime law for maintenance and cure. Judgment was entered pursuant to a verdict limiting the seaman to recovery for maintenance and cure. On the seaman's appeal from the adverse verdict on the …

Admiralty - Collision - Last Clear Chance, Erik Stapper

Michigan Law Review

The City of Calcutta anchored in the navigation channel as an emergency precaution on a foggy night. The vessel was hit by a scow in tow of the tug Brooklyn, whose navigator had observed the anchored ship for ten minutes. The scow sank and its owner sought to hold the City of Calcutta liable for failure to get underway after the fog had lifted. Held, libel dismissed. Even if the Calcutta was remiss in not moving, no liability could attach because the Brooklyn had the last clear chance of avoiding the accident. Arundel Corp. v. The City of …

Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee

Michigan Law Review

This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.

The Inadequate Award In West Virginia, C. H. B. Jr.

West Virginia Law Review

No abstract provided.

Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner

Michigan Law Review

Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …

Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches

Michigan Law Review

Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.

Contribution - Joint Liability - Claimant Not A Volunteer But Not Subject To A Common Liability, Melvyn I. Mozinski

Michigan Law Review

A passenger was injured while riding in an automobile driven by D when it collided with a car driven by C. In the passenger's action for damages against C, C cross-complained against D. On the day of trial C settled with the passenger with the knowledge and approval of D. In the ensuing suit for contribution both C and D denied negligence; the jury found that D was negligent and that C was in no way at fault. Since there was no common liability shown, C's claim for contribution was dismissed. C moved to have …

Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.

Michigan Law Review

Plaintiff brought an action under the Federal Employers' Liability Act to recover damages from the defendant employer for an industrial disease allegedly contracted more than three years prior to bringing suit. Plaintiff alleged that defendant misrepresented the time within which this action could be brought and thereby tolled the three-year statute of limitations in the FELA. Held, defendant's motion to dismiss granted. The time limitation is an integral part of the statute creating a substantive right and is not extended by fraud or misrepresentation. Glus v. Brooklyn Eastern District Terminal, (S.D. N.Y. 1957) 154 F. Supp. 863.

Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner

Michigan Law Review

Defendants contracted to purchase a crop of alfalfa from plaintiff, harvesting and processing to be done by defendants and payment to be ascertained according to the processed weight of the alfalfa. When defendants harvested the entire crop but failed to pay for the major part of it, plaintiff brought action for breach of contract. In addition to the non-payment, plaintiff alleged fraud on defendants' part in falsifying weight records and in otherwise scheming to cheat and defraud him. On defendants' appeal from a judgment including both compensatory and punitive damages, held, affirmed. Although punitive damages are not ordinarily recoverable …

Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams

Michigan Law Review

More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.

Michigan Law Review

In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …

Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.

Michigan Law Review

Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.

Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder

Michigan Law Review

Plaintiff's husband was struck and killed by a motorbus owned and operated by defendant municipality. The body was removed to a hospital maintained by defendant. Subsequently, at the request and direction of a physician employed by defendant, an autopsy was performed, apparently to determine whether the deceased had been drinking. During the examination certain organs were removed and destroyed. Plaintiff brought an action for damages on the ground that the mutilation was done without her consent and in violation of her legal right to the possession of the body. Plaintiff died while the action was pending, and her administrator continued …

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

Negligence - Breach Of Duty - Liability Of Telephone Company For Failure To Relay Fire Alarm, Cyril Moscow S.Ed.

Michigan Law Review

Upon discovering a fire within his business building, plaintiff immediately went to the telephone and dialed the operator. After telling her his address and requesting that she call the fire department, he left the telephone to fight the fire. The message was not transmitted. When the fire department finally arrived in response to an alarm by a neighbor, the fire was out of control and the entire building was destroyed. Plaintiff sought damages, alleging that the telephone company held itself out to the public as willing to convey messages in case of emergency, and that failure to transmit his message …

Torts - Nuisance - Personal Annoyance As Sole Injury, Michael Scott

Michigan Law Review

Several thousand sales slips, mistakenly printed to bear plaintiff's telephone number, were supplied to the defendant store and were circulated widely by the latter's employees incident to normal sales transactions. Calls from defendant's customers soon burdened plaintiff's telephone, and despite numerous complaints by plaintiff over a two-year period, defendant refused or neglected to terminate use of the incorrect slips. On appeal from judgment for plaintiff in a suit for damages, held, affirmed. Defendant's acts resulted in an actual invasion of plaintiff's right to enjoy her property without unreasonable interference. Damages for personal annoyance and inconvenience alone are allowable in …

Restitution - Waiver Of Tort And Suit In Assumpsit - Amount Of Recovery Where There Has Been A Sale, Charles B. Renfrew S.Ed.

Michigan Law Review

In a prior action one of the defendants obtained a judgment against the plaintiff. The present action for conversion was brought because of an allegedly irregular execution sale of plaintiff's business property under that judgment. The trial court granted defendants' motion to dismiss on the ground that the action was barred by the statute of limitations. On appeal, held, affirmed. The applicable statute of limitations was not tolled by fraudulent concealment and plaintiff, having elected his remedy in tort, was not entitled to a trial in an action of assumpsit on the theory of a contract implied by law. …

Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson

Michigan Law Review

Defendant installed an oil burner in plaintiff's apartment building. The burner failed to function properly and exploded two months after installation. There was no evidence that the furnace was repaired subsequent to the explosion. Plaintiff continued to use the furnace for four years until a second explosion caused considerable damage to the building. Upon inspection, the cause of the explosions was found to be a defective system of heating and piping the oil. Plaintiff brought this action for breach of implied warranty to install the furnace in a good and workmanlike manner and recovered consequential damages. On appeal, held, …

Taxation - Federal Income Tax - Damages For Injury To Business As Return Of Capital Or Income, Eric Bergsten S.Ed.

Michigan Law Review

The taxpayers, owners of two movie theatres, recovered $36,000 in a compromise settlement of a Clayton Act suit against the major distributors and exhibitors. The taxpayers claimed that the amount received was a return of capital. The Commissioner claimed the amount received represented the recovery of lost profits. Held, Commissioner upheld. The evidence presented did not warrant a finding that any part of the sum recovered represented a return of capital. Chalmers Cullins, 24 T.C. 322 (1955).

Rationale Of Valuation Of Foreign Money Obligations, Charles Evan

Michigan Law Review

What then should a creditor of a foreign money obligation collect where there was a delay in payment? When are damages for depreciation of foreign money recoverable? As of what time and in what currency are they to be computed? How is the value of a foreign money obligation to be measured where no damages may be had? The answers to these and other incidental questions require a thorough analysis of certain features peculiar to the law of money.

It is the purpose of this article to clarify these problems, to sum up the primary principles by which they are …

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Restitution - Election Of Remedies - Action In Quasi-Contract Against Joint Tortfeasor As Barring Fraud Action Against Other Joint Tortfeasors, Douglas Peck S.Ed.

Michigan Law Review

Plaintiff sued for fraud, alleging that defendant engraving companies secretly agreed with an agent of the plaintiff to give the agent a commission in return for which the agent was to contract for engraving work to be done by the defendants for plaintiff at a rate in excess of the fair market price for such work. Upon discovery of the fraud and prior to the commencement of this action, plaintiff had instituted an action in a state court against its agent for money had and received, and had obtained an attachment. Upon defendants' motion to dismiss the fraud action, held …