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Articles 751 - 780 of 802
Full-Text Articles in Litigation
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Michigan Law Review
Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).
Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery
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 …
Torts-Assumption Of Risk-Flying Pucks And The Ice Hockey Spectator, James F. Gordy S.Ed.
Torts-Assumption Of Risk-Flying Pucks And The Ice Hockey Spectator, James F. Gordy S.Ed.
Michigan Law Review
Plaintiff and her husband attended an ice hockey game being sponsored by the defendant. Both testified that they knew nothing about the game. They asked for the ''best seats in the house" and were seated in the front row of an unprotected section, immediately adjacent to the ice and behind a low wooden wall. During the progress of the game, plaintiff was struck and injured by a puck driven from the ice. Defendant had furnished screened areas, which were unfilled at the time; he had prominently displayed many large placards warning of the danger of flying pucks and advising of …
Municipal Tort Liability, Allan F. Smith
Municipal Tort Liability, Allan F. Smith
Michigan Law Review
Municipal government in the United States is big business. In 1946, the 397 cities having a population of 25,000 or more spent a total of nearly 3 billion dollars for general governmental expenditures. In 1947 the total increased by 17 per cent to $3,477,000,000. Of that amount, 2½ billion were actual operational expenses for such activities as public safety, public health, sanitation, hospitals, local street and highway maintenance, and schools. Since the figures do not include the amounts expended in connection with municipal water works or municipal street railways, they lend weight to the assertion that our municipal governments are …
Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.
Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.
Michigan Law Review
Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was …
Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street
Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street
Michigan Law Review
Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing a satisfactory basis of governmental civil liability that the enactment of the Federal Tort Claims Act of 1946 in the United States, and the Crown Proceedings Act of 1947 in Great Britain are events justifying a comparison and evaluation of these belated attempts to provide the citizens with an adequate remedy against the State.
Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis
Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis
Michigan Law Review
Plaintiff alleged that defendant used vile and abusive language toward her on a public street; that defendant knew she was advanced in pregnancy, highly nervous and sensitive; and that by reason of defendant's language she suffered an emotional disturbance resulting in impairment of health. The trial court rendered judgment in favor of the defendant after the opening statement of plaintiff's counsel. The court of appeals reversed the judgment of the trial court and held that plaintiff was entitled to submit her evidence to the jury. On appeal, held, reversed. Plaintiff did not allege that she was put in fear …
Owner's Liability For Harm Done By Thief Operating Stolen Vehicle
Owner's Liability For Harm Done By Thief Operating Stolen Vehicle
Indiana Law Journal
Notes: Torts
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Michigan Law Review
The plaintiff, a spectator at a baseball game, brought an action to recover for injuries sustained when he was struck by a foul ball. He was sitting in a reserved seat, but in a section of the grandstand not protected by a wire netting. Despite novel allegations designed, apparently, to suggest plaintiff's right to rely on the implication that a "reserved seat" is one which is located back of a protecting screen, and, further, to deny any μappreciation of the risk, on plaintiff's part, by suggesting that, at sixty-four, he was subject to the failing eyesight which customarily accompanies that …
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Michigan Law Review
Plaintiff, a telephone subscriber, alleged that the defendant telephone company negligently severed the telephone connection between the plaintiff's house and defendant's central operating station and negligently failed to give plaintiff notice of the disconnection; that as a result, the plaintiff was delayed in notifying the fire department of an outbreak of fire on his property; and that the property was thereby destroyed. Plaintiff sought to recover damages for the resulting injury to his property. Held, defendant's duty to use due care was an implied term of the contract, and special damages growing out of a breach of such a …
Statutory Violation Labeled Negligence Per Se
Statutory Violation Labeled Negligence Per Se
Indiana Law Journal
Notes and Comments: Torts
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Michigan Law Review
While walking behind defendant through woodland, plaintiff suffered an eye injury caused by the negligence of the defendant in bending over a small sapling and allowing it to fly back and strike plaintiff. Verdict and judgment were for plaintiff. Defendant moved for a directed verdict on the ground of assumption of risk, and appealed from a denial of the motion. Held, from the facts of the case, it cannot be ruled as a matter of law that the plaintiff knew and comprehended the danger which caused his injury and that he voluntarily exposed himself thereto, and, therefore, the judgment …
Benefits Received From Third Parties In Mitigation
Benefits Received From Third Parties In Mitigation
Indiana Law Journal
Recent Case Notes: Damages
Torts-Violation Of A Statutory Duty
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely
A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely
Articles by Maurer Faculty
No abstract provided.
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Michigan Law Review
The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers …
Trial-Motions For A Direct Verdict
Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper
Malicious Prosecution, False Imprisonment And Defamation, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Michigan Law Review
Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Michigan Law Review
The Pennsylvania wrongful death statute provides that whenever death shall be occasioned by unlawful violence or negligence and no suit has been brought by the party injured during his or her life, the husband, widow, children, or parents of the deceased shall be entitled to recover for damages for injuries causing the death. Under this statute a father sued to recover damages for the death of his daughter which resulted from an automobile accident caused by the negligence of her husband. Held, the wife's disability to sue her husband for tort is personal; it does not bar recovery of …
Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper
Book Review. Legislative Loss Distribution In Negligence Actions By C. O. Gregory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Exemplary Damages In Indiana, Corbett Mcclellan
Exemplary Damages In Indiana, Corbett Mcclellan
Indiana Law Journal
No abstract provided.
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Michigan Law Review
In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Pleading-Actions For Death Of Minor Child-Damages
Pleading-Actions For Death Of Minor Child-Damages
Indiana Law Journal
No abstract provided.
Liability Without Fault And Proximate Cause, Fowler V. Harper
Liability Without Fault And Proximate Cause, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Michigan Law Review
A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …