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Articles 151 - 154 of 154

Full-Text Articles in Torts

Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz Jul 1976

Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz

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This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor's injunction. Although the term "entrepreneur" describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner …

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Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis Jul 1975

Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis

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The common law rule of governmental immunity made governments immune from suit and held public officials personally liable for the torts they committed in the performance of their duties. In recent years, however, the law of tort liability has moved toward the increased immunity of governmental officials and employees and the increased liability of governmental units. In this Article Professor McManis first outlines the notion of sovereign immunity, following with an analysis of the nature and the scope of the immunity afforded governmental official sunder federal and state law, with a particular emphasis on the law of Georgia. The author …

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Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr. Sep 1969

Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.

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Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …

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Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor Jr. Jul 1968

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor Jr.

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During its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: (1) to describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; …

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