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Tedla V. Ellman
''Tedla v. Ellman'' (280 N.Y. 124, 19 N.E. 2d 987) was a 1939 New York Court of Appeals case that was influential in establishing the bounds of the negligence ''per se'' doctrine. Ordinarily, a statutory violation automatically constitutes negligence. However, the court, in an opinion written by Irving Lehman, instead held that because this violation occurred in a situation not anticipated by the drafters of the statute and the violation was in keeping with the spirit of the statute, it did not constitute negligence. Facts Anna Tedla and her brother, John Bachek (plaintiffs), were struck by a passing automobile, operated by the defendant, Ellman. Tedla was injured and Bachek was killed. Bachek was a deaf-mute. The plaintiff had engaged in collecting and selling junk. They picked up junk at the incinerator of the village of Islip, New York. At the time of the accident, plaintiffs were walking along and wheeling baby carriages containing junk and wood. It was about six o'clock on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irving G
Irving may refer to: People *Irving (name), including a list of people with the name Fictional characters * Irving, the main character's love interest in Cathy (comic strip) * Lloyd Irving, the main protagonist in the ''Tales of Symphonia'' video game Places Canada * Irving Nature Park, a park in Saint John, N.B. United States *Irving, California, former name of Irvington, California * Irving, Illinois * Irving, Iowa *Irving (Duluth), Minnesota *Irving, New York *Irving, Texas *Irving, Wisconsin, a town **Irving (community), Wisconsin, an unincorporated community *Irving Park, Chicago, Illinois * Irving Township, Montgomery County, Illinois * Irving Township, Michigan * Irving Township, Minnesota * Lake Irving, a lake in Minnesota Companies * Irving Group of Companies, Canadian conglomerate based in Saint John, New Brunswick, controlled by the Irving family, including: ** J. D. Irving, a conglomerate with holdings in forestry, pulp and paper, tissue, newsprint, building su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harlan Watson Rippey
Harlan Watson Rippey (September 8, 1874 – March 11, 1946) was a United States district judge of the United States District Court for the Southern District of New York. Education and career Born in Livingston County, New York,The birthplace is given either as Greigsville or Wadsworth, two neighboring hamlets in or near York. Rippey received an Artium Baccalaureus degree from the University of Rochester in 1898, and then taught mathematics at Wagner College. In 1899, he received an Artium Magister degree from the University of Rochester. He was admitted to the bar in 1901, and practiced law in Rochester. He was the Monroe County Inheritance Tax Appraiser from 1912 to 1915, and Monroe County Inheritance Tax Attorney from 1922 to 1927. In 1927, he was appointed by Governor Al Smith as a justice of the New York Supreme Court (7th District) to fill a vacancy, and remained on the bench until the end of 1928. He was a member of the New York State Commission for the Revision of the T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward R
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Per Se
Negligence ''per se'' is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability. Negligence ''per se'' means greater liability than contributory negligence. Elements In order to prove negligence ''per se'', the plaintiff usually must show that: # the defendant violated the statute, # the act caused the kind of harm the statute was designed to prevent, and # the plaintiff was a member of the statute's protected class. In some jurisdictions, negligence ''per se'' creates merely a rebuttable presumption of negligence. A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence ''per se'' and the contractor will be found liable, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irving Lehman
Irving Lehman (January 28, 1876 – September 22, 1945) was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1940 until his death in 1945. Biography He was born on January 28, 1876, in New York City to Mayer Lehman (d. 1897) and Babette Newgass and raised Jewish. Future New York State governor and United States Senator Herbert H. Lehman was his brother. He graduated with an A.B. from Columbia College in 1896 and an LL.B. from Columbia University Law School in 1898. He was a justice of the New York Supreme Court from 1909 to 1923, elected in 1908 on the Democratic ticket, and re-elected in 1922 on the Democratic and Republican tickets. In 1923, he was elected on the Democratic and Republican tickets to a 14-year term on the New York Court of Appeals, and re-elected in 1937. In 1939, he was elected Chief Judge of the Court of Appeals on the Democratic, Republican and American Labor tickets, and remained on the bench un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proximate Cause
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of Insurance and is concerned w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kibibyte
The byte is a unit of digital information that most commonly consists of eight bits. Historically, the byte was the number of bits used to encode a single character of text in a computer and for this reason it is the smallest addressable unit of memory in many computer architectures. To disambiguate arbitrarily sized bytes from the common 8-bit definition, network protocol documents such as The Internet Protocol () refer to an 8-bit byte as an octet. Those bits in an octet are usually counted with numbering from 0 to 7 or 7 to 0 depending on the bit endianness. The first bit is number 0, making the eighth bit number 7. The size of the byte has historically been hardware-dependent and no definitive standards existed that mandated the size. Sizes from 1 to 48 bits have been used. The six-bit character code was an often-used implementation in early encoding systems, and computers using six-bit and nine-bit bytes were common in the 1960s. These systems often had memory words ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state) State Case Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
