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Articles 61 - 71 of 71
Full-Text Articles in Torts
Negligence-Foreseeability As A Limitation On Liability, Frank Bowen Jr.
Negligence-Foreseeability As A Limitation On Liability, Frank Bowen Jr.
Michigan Law Review
Plaintiff's truck broke down on the road. Another truck driver, attempting to pass plaintiff's truck, became mired beside it, and the two trucks blocked the road. While plaintiff lay under his truck attempting repairs, a bulldozer operated by the defendant approached the two trucks from the rear." The driver of the second truck signaled the defendant to push his, the mired truck, but the defendant, mistaking the signal, pushed plaintiff's truck, causing it to run over plaintiff's legs. The defendant had not seen the plaintiff beneath the truck. The issue of defendant's negligence was submitted to the jury, and verdict …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Michigan Law Review
Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …
Proximate Cause--Contributory Negligence--The Last Clear Chance Doctrine--Chesapeake And Ohio Railway Company V. Poe, Anne F. Noyes
Proximate Cause--Contributory Negligence--The Last Clear Chance Doctrine--Chesapeake And Ohio Railway Company V. Poe, Anne F. Noyes
Kentucky Law Journal
No abstract provided.
Torts--Effect Of A Breach Of A Safety Statute--Proximate Cause, C. Kilmer Combs
Torts--Effect Of A Breach Of A Safety Statute--Proximate Cause, C. Kilmer Combs
Kentucky Law Journal
No abstract provided.
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Michigan Law Review
When a person carrying a life or accident insurance policy dies as the result of an act committed by him in violation of the law, the beneficiaries may or may not be precluded from recovering upon it. In the absence of a special exclusionary clause, the general view is that the beneficiary may recover. However, if it appears that at the time the insured took out the policy he intended to commit a crime recovery is barred, at least if the death occurred within the contestability period. In order to delimit from the general coverage provisions the risks that would …
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Michigan Law Review
Defendant's truck was overloaded with unslaked lime and a piece which fell off was picked up by the child plaintiff, who put the lime in a bucket of damp earth which he was carrying. In the resulting explosion plaintiff lost one eye and injured the other. Held, the intervening act of a person over whom the defendant had no control broke the chain of causation. Leoni v. Reinhard, 327 Pa. 391, 194 A. 490 (1937).
Proximate Cause, W. H. Dysard
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.
The "But For" Rule In Washington, Gerald Arthur De Garmo
The "But For" Rule In Washington, Gerald Arthur De Garmo
Washington Law Review
The question of proximate cause is one which is of vital importance in determining where the liability for an act or omission shall fall. For this reason certain attempts have been made to set forth rules which should determine whether an act was the proximate cause of a particular result. The so-called "But For" rule for determining proximate cause is an outgrowth of this class of litigation and has been the cause of several interesting and apparently none too well reasoned cases, of which the famous "Bear Case" or Gilman v. Noyes is perhaps the best known. The true "But …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
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. …