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Torts Commons

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1957

Discipline
Institution
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Articles 91 - 101 of 101

Full-Text Articles in Torts

Torts—Pleading Elements Of Negligence, Weston Wardell Jr. Jan 1957

Torts—Pleading Elements Of Negligence, Weston Wardell Jr.

Buffalo Law Review

Howard Stores Corp. v. Pope, 1 N. Y. 2d 110, 134 N. E. 2d 63 (1956).


Torts—Duty To Act, Tamara Pasichniak Jan 1957

Torts—Duty To Act, Tamara Pasichniak

Buffalo Law Review

Kimbar v. Estis, 1 N. Y. 2d 399, 135 N. E. 2d 708 (1956).


Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart Jan 1957

Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart

Cleveland State Law Review

The scope of possible legal problems involved in the existence of this physical and mental dysfunction caused by premenstrual is very wide. For the sake of brevity the writer would like to separate the discussions of criminal and civil responsibility, and make this initial study one which is specifically limited to the civil rights and liabilities of women involved in automobile accidents. It is emphasized that the effects of premenstrual tension in torts are not as clearly pertinent as they are in crimes. But they are pertinent.


The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell Jan 1957

The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell

Cleveland State Law Review

This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.


Agency Problems In Motor Carrier Cases, Craig Spangenberg Jan 1957

Agency Problems In Motor Carrier Cases, Craig Spangenberg

Cleveland State Law Review

Some special considerations apply to the problems of agency in cases involving motor carriers. The questions here presented are viewed in the light of the operating practices which obtain in the industry. Relatively few tractor-trailer or truck trailer outfits are owned by the certified carrier. The equipment is usually owned by an individual, who may drive it himself as an owner-driver; or may hire his own driver and lease the equipment and driver together to the carrier. The lease may be for a single movement only, covering one trip from a stated origin to a stated terminal; or may be …


Consent To Surgical Procedures, Carl E. Wasmuth Jan 1957

Consent To Surgical Procedures, Carl E. Wasmuth

Cleveland State Law Review

Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.


Hospital Immunity, Ellis B. Brannon Jan 1957

Hospital Immunity, Ellis B. Brannon

Cleveland State Law Review

An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …


Book Review, Howard L. Oleck Jan 1957

Book Review, Howard L. Oleck

Cleveland State Law Review

Reviewing Welcome D. Pierson, Editor-in-Chief, Defense Law Journal, Allen Smith Co., 1957 and The Defense Attorney and Basic Defense Tactics, Bobbs-Merrill Co., 1956


Reforms Needed In Negligence Practice, Howard L. Oleck Jan 1957

Reforms Needed In Negligence Practice, Howard L. Oleck

Cleveland State Law Review

Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.


Federal Tort Claims Act Summarized, Russell E. Ake Jan 1957

Federal Tort Claims Act Summarized, Russell E. Ake

Cleveland State Law Review

To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and what it …


Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day Jan 1957

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 …