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Journal Of The Senate Of The Commonwealth Of Kentucky, 1959, Extraordinary Session, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1959 extraordinary session.

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.

Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon

Michigan Law Review

An amendatory zoning ordinance was enacted by the city council of Miami Beach for the purpose of changing the zoning of an extensive area fronting on the Atlantic Ocean from a private residential to a hotel district. The amendment received the required affirmative votes of five of the seven members of the council, including the vote of one councilman who owned land in the area affected by the amendment which would be increased in value by $500,000 because of the zoning change. Plaintiffs, owners of near-by property, filed suit in the circuit court to have the amendatory ordinance declared invalid …

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1959, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Non-Domiciliary Decedents' Estates: A Problem For Title Examiners In New York, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Constitutional Law--State Taxation Of Federal Property In Possession Of Private Contractor, J. L. R.

West Virginia Law Review

No abstract provided.

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.

Future Interests - Rule Against Perpetuities - Recent Statutory Amendment In New York, Paul K. Gaston S.Ed.

Michigan Law Review

After 128 years of criticism and confusion and enormous amounts of litigation, New York has amended its statutory rule against perpetuities. The old rule provided that the absolute power of alienation could not be suspended for longer, than "two lives in being" at the creation of the estate plus a minority exception in some cases. Under the new rule the absolute power of alienation can be suspended for a period measured by any number of "lives in being" at the creation of the estate so long as they are not "so designated or so numerous as to make proof of …

Municipal Corporations—Authority Of Town To Establish Park Within Village Limits, Buffalo Law Review

Buffalo Law Review

Village of Lloyd Harbor v. Town of Huntington, 4 N.Y.2d 182, 173 N.Y.S.2d 553 (1958).

Municipal Corporations—Zoning—Constitutionality Of Ordinance Discontinuing Non-Conforming Uses, Buffalo Law Review

Buffalo Law Review

Harbison v. City of Buffalo, 4 N.Y.2d 553, 176 N.Y.S.2d 598 (1958).

Labor Law—Application Of Statute To Employer And Domestic, Buffalo Law Review

Buffalo Law Review

Connors v. Boorstein, 4 N.Y.2d 172, 173 N.Y.S.2d 288 (1958).

Municipal Corporations—Constitutionality Of Community Colleges, Buffalo Law Review

Buffalo Law Review

Grimm v. County of Rensselaer, 4 N.Y.2d 416, 176 N.Y.S.2d 271 (1958).

Municipal Corporations—Home Rule, Public Authorities, Buffalo Law Review

Buffalo Law Review

Whalen v. Wagner, 4 N.Y.2d 575, 176 N.Y.S.2d 616 (1958).

Some Observations On Local Government In New York State, David Diamond

Buffalo Law Review

No abstract provided.

Indiana, 1851, Alaska, 1956: A Century Of Difference In State Constitutions, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Pennsylvania V. Nelson: A Case Study In Federal Pre-Emption, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Municipal Corporations—Zoning—Non-Conforming Uses And Variances, Buffalo Law Review

Buffalo Law Review

Crossroads Recreation, Inc. v. Broz, 4 N.Y.2d 39, 172 N.Y.S.2d 129 (1958).

Municipal Corporations—Statutory Limitation Of Amount Of Sales And Utility Taxes Imposed By Local Government Units, Buffalo Law Review

Buffalo Law Review

County of Erie v. City of Buffalo, 4 N.Y.2d 96, 172 N.Y.S.2d 586 (1958).

Procedure And Evidence -- 1958 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. ...

Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made …

Local Government Law -- 1958 Tennessee Survey, John B. Thurman, Jr., Roger G. White

Vanderbilt Law Review

The tremendous expansion of the functions of local governmental agencies, particularly into provinces heretofore reserved for private enterprise, has resulted in a similar expansion of local government law. It seems safe to assert that within the confines of local government law can be found legal principles and rules from practically every other field of law. It is necessary, therefore, to limit the scope of an annual survey of local government law; no longer is it possible to include in a survey article such as this a discussion of all of these legal principles and rules. Nor is such a discussion …

Bills And Notes--1958 Tennessee Survey, S. B. Gilreath

Vanderbilt Law Review

Express Provision Concerning Negotiability. Phelan v. Phelan is the only case which has been found on the subject of bills and notes decided during the survey period. It was a suit in equity on a note in the sum of $4,000 made on April 10, 1954, by R. E. Phelan and payable to W. 0. Phelan on September 15, 1954. The note provided that it was "non-negotiable and non-transferable."

The payee, W. 0. Phelan, filed a bill to recover a decree on this note against R. E. Phelan, the maker, who, in turn, filed an answer pleading as a set-off …

Book Reviews, Albert S. Abel, Breck P. Mcallister, W. Friedmann, Rex A. Collings Jr., Frank J. Trelease, Elden S. Magaw, Albert A. Ehrenzweig, Reginald Heber Smith, Ilmar Tammelo, Jo Desha Lucas

Journal of Legal Education

No abstract provided.

State Power To Tax Personalty On Federal Reservations

Washington and Lee Law Review

No abstract provided.

Local Government Law, Anon

Washington Law Review

Summarizes a case on declaratory judgment—municipal corporations and another on discharge of Seattle city employees—civil service—Seattle City Service Commission.

Public Utility Relocation Costs Relative To Federal-Aid Highway Act Of 1956, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

Rhyne: Municipal Law, Robert E. Fryer

Michigan Law Review

A Review of Municipal Law. By Charles S. Rhyne.

Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson

Michigan Law Review

The City of Chattanooga passed an ordinance making in unlawful "for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday." Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the …

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …