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Articles 481 - 506 of 506
Full-Text Articles in Torts
Simplified Civil Procedure Under The Wisconsin Code
Simplified Civil Procedure Under The Wisconsin Code
Michigan Law Review
A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
West Virginia Law Review
No abstract provided.
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich
Articles
It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Articles
Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?
Liability Without Fault, John B. Waite
Liability Without Fault, John B. Waite
Articles
In Ives v. South Buffalo Ry. Co., 201 N. Y. 271, appeared, as a basis for the decision, the statement that "When our Constitutions were adopted, it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another. That is still the law." Mr. Justice McKenna has recently voiced the same idea. In his dissenting opinion in Arizona Copper Co. v. Hammer, 39 Sup. Ct. Rep. 553, he contends that the Workmen's Compensation Act of Arizona is unconstitutional, because, "It seems to me to be …
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Articles
A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Articles
There is much contrariety of decision concerning the liability of public officers for the loss of funds with which they have been entrusted. A recent case illustrates some of the more important phases of the law of such a situation. People for use of Hoyt et al. v. McGrath et al. (Ill. 1917), I17 N. E. 74. In this case the public brought an action of debt on the official bond of the clerk of court for the use of Hoyt and others. Usees had tendered into court a sum of money which the clerk took under the court's order …
Liability Of An Agent In Tort, Warren A. Seavey
Liability Of An Agent In Tort, Warren A. Seavey
Articles by Maurer Faculty
No abstract provided.
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
Articles
An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.
Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard
Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard
Articles
When the case of Railroad v. Lockwood, 17 Wall. (U. S.) 357, settled the law that the common carrier can not contract against liability for losses due to his negligence, it did not put an end to the efforts of common carriers to escape liability for losses so arising.
Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland
Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland
Articles
Limitation of a Carrier's Liability for Negligence.-This is one of the subjects which never seems to be set at rest. In making contracts, shipper and carrier do not stand upon an equality. The shipper cannot exist without the aid of the carrier, but the carrier can easily forego the business of any particular shipper. Hence the ordinary rules of contract fail in many respects to meet the demands of the situation. To properly define the limitations necessary to be placed upon these rules is not an easy task.
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Articles
When Mr. Justice NELSON, in the New Jersey Steam Navigation Company v. Merchants Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Articles
"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …
Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler
Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler
Articles
In Fisher v. Greensboro Water Supply Company, 128 N. C. 375, it was held that the defendant water company was liable in damages in an action of tort for negligent failure to furnish sufficient water pressure in the mains of the city, by reason of which negligence the plaintiff's house was burned. The only duty on the part of the defendant to furnish water grew out of a contract made by the company with the city and the fact that the defendant had entered upon the business of supplying water pursuant to such contract.
The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis
The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Articles
Liability of Hospitals for the Negligence of their Physicians and Nurses.-This question was recently examined by the Supreme Court of Utah in the case of Gitzhoffen v. Sisters of Holy Cross Hospital Association, 88 Pac. Rep. 691 (Jan. 26, 1907), and the opinion filed may well serve as a basis for comment. The hospital association was sued for damages for injuries that plaintiff claimed to have sustained through the negligence of defendant's nurses.
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
Articles
The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …
Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis
Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Articles
In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …
Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis
Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.
Torts: Price V. Halstead: Liability Of A Guest Passenger For The Negligence Of His Drunk Driver, Brian Shipp
Torts: Price V. Halstead: Liability Of A Guest Passenger For The Negligence Of His Drunk Driver, Brian Shipp
Oklahoma Law Review
No abstract provided.
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Articles
A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …
The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley
The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley
Articles
The frequency with which questions arise, and become the subject of legal controversy, concerning the liability of an employer to persons receiving injuries in his service, must be the excuse for the present paper. The legal questions have recently received the attention of many able jurists, and several of the difficulties which surrounded the general subject but a few years ago may now be considered permanently removed. The purpose here will be, to present the general rules which have been laid down by the authorities, with some of the reasons on which they are based.