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1942 Ins. L.J. 1 (1942)

handle is hein.journals/inslj4 and id is 1 raw text is: and return to: THE INSURANCE LAW JOURNAL ESTABLISHED 1872 Advance Digest of Full-Text Decisions currently reported In the CCH INSURANCE LAW REPORTING SERVICE Fire and Casualty 0 Negligence * Life, Health and Accident 0 Automobile S No. 157 January 1, 1942 *- NEGLIGENCE *- (Other than Automobile) Pedestrians Injured.-Defendant was not liable for injuries sustained when plaintiff fell while walking on public street, plaintiff being contributorily negligent as matter of law (City of Birmingham v. White et a., Ala. Supreme Ct., 402,832). Oil on Sidewalk.-Owner of service station and contractor who was making alterations were not responsible for injuries suffered by plaintiff when she fell on a side- walk due to presence of oil (Kenney v. Freidel et al., N. J. Supreme Ct., 1 402,831). Door Opening onto Sidewalk.-A door which opened outwardly onto a sidewalk, causing injury to a pedestrian, did not constitute a nuisance (Rief v. The Mountain States Telephone & Telegraph Co. et al., Idaho Supreme Ct., 402,836). Landlord and Tcnant.-Plaintiff could not recover, either on ground of simple negligence or wilful and wanton conduct, for loss of personal property by a fire which destroyed the apartment in which she resided as defendant's tenant (Porterfield et al. v. Life &' Casualty Co. of Tenn., Ala. Supreme Ct., 402,833). Independent Contractors. -The evidence failing to show that an independent contractor had done certain work in the bathroom of plaintiff's apartment, it was error to dismiss plaintiff's complaint against the landlord for injuries sustained when she stepped on a nail protruding from a piece of wood (Burits et al. v. Stoiber, Impleaded, etc., N. Y. Supreme Ct., App. Div., 402,828). Unlighted Stairway.-Where plaintiff, a tenant in defendants' apartment house, fell while ascending an unlighted stairway, the court held that plaintiff's prejudicial conduct during the trial entitled defendants to a new trial (Clarke v. Levine et al., N. Y. Supreme Ct., App. Div., 402,827). Railroad's Liability.-Plaintiff recovered for injuries sustained while a passenger on defendant's train when she caught her foot on a pro- jecting piece of iron on the platform of one of the cars (Jones v. Kurn et al., Trustees of the St. Louis & San Francisco Ry. Co., Spring- field Ct. of App., Mo., 402,835). Releases.-Railroad employee who was injured when a motor car struck a derailer on the track was denied recovery against defendant railroad, the court holding that plaintiff's release of another defendant was a release of this de- fendant (King v. Powell, Jr. et al., Recrs. et al., N. C. Supreme Ct., • 402,825). Defective Stairway.-In action by plaintiffs to recover for injuries sustained because of an alleged defect in a step in the stairway of defendant's railway, judgment in plaintiffs' favor was reversed (Brown et al. v. New York Rapid Transit Corp., N. Y. Supreme Ct., App. Div., 402,830). Power Company's Liability.-Defendant power company was liable for the death of plaintiff's decedent, a telephone lineman who was electrocuted when he came in contact with a broken high tension wire of the power company (Richardson, Admx. v. Pacific Power & Light Co. et al., Wash. Supreme Ct., 402,829). Theatres.-Plaintiff who was injured while on defendant's theatre premises on personal business was a licensee and not entitled to recover (Pries v. Atlanta Enterprises Inc., Ga. Ct. of App., 402,826). Loss of Manuscript.--Suit to recover for loss of manuscript was dismissed because requisite jurisdictional amount was not involved (Peyton v Ry. Express Agency, Inc. et al., U. S. C. C. A., 5th C., 402,834). Res Ipsa Loquitur.-Where plaintiff's restaurant premises were dam- aged by water from a broken water main, it was error to direct a verdict for plaintiff on the ground that defendant's evidence fell short of rebutting the inference of negligence raised by the res ipsa loquitur doctrine (Foltis v. City of New York, N. Y. Ct. of App., 402,837). Printed in U. S. A. Published weekly by Commerce Clearing House, Inc., 214 N. Michigan Ave., Chicago, Illinois. Subscription Rates: one year, $10; with full text reports and bound volumes, $35 per year for each selective unit, except Automobile which Is $45 per year; single copy of weekly number, 25 cents. Entered as second class matter January 25, 1939, at the post office at Chicago, Illinois, under the Act of March 3, 1879. Copyright 1942 by Commerce Clearing House, Inc. All rights reaeremd.

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