NEGLIGENCE - CONTRIBUTORY NEGLIGENCE AS A DEFENSE TO CHARGE OF NUISANCE

Defendants were engaged in excavation work, which required the use of compressed air. The air was conducted from a compressor in the street across the sidewalk through a two-inch pipe. A permit had been obtained for crossing the sidewalk (but apparently there was some question as to whether its terms included crossing by the use of a pipe). This obstruction was flanked by two planks, two inches thick and twelve inches wide, beveled away from the pipe. One of the planks became tilted. Plaintiff stepped on it and it slipped under her weight, causing her to fall. In an action for the resulting injuries, the case was submitted on the theories of negligence and nuisance. The trial judge charged: From the point of view of the claim that it was a nuisance . . . any obstruction like this which is allowed to become loose or otherwise so that it did tilt up and become a subject of danger to a pedestrian, constitutes a nuisance, and then the question of contributory negligence would not enter like it does on the theory of negligence only. Held, that so much of the charge as pertained to nuisance was error. Where the gravamen of the complaint is a nuisance which arises out of negligence, then contributory negligence is a defense; but where the gravamen is an absolute nuisance or a nuisance per se, plaintiff\u27s actions must amount to a willing encounter with knowledge of the danger. Delaney v. Philhern Realty Holding Corp., 280 N. Y. 461, 21 N. E. (2d) 507 (1939)

Application of the Transtheoretical Model of Change to Saving Behaviors of College Students

Using the Transtheoretical Model (TTM) of change (Prochaska & Di Clemente, 1982) as a guide to analyze financial behavior, college students were asked a variety of questions about their financial situations. Recruited from undergraduate classes at Utah State University, 112 students took the online survey. Surprisingly, 44.4% of participants reported being in the Maintenance stage of the TTM, and 71.2% reported contributing at least monthly to some sort of savings or investment account. In terms of Financial Planning Personality Type (Lown, 2007), 46.3% of respondents were Planners and 23.1% were Savers. Though the study displays limitations, it begs further investigation into the subject of saving and investing among college students

Conquered: Why the Army of Tennessee Failed

Yes, Virginia, to paraphrase David Goldfield’s book title (2002), we are “still fighting the Civil War.” Lest we forget, this is probably a good thing and the carnage of military history is always worth remembering. In this case, trying once again to explain (rationalize) Confederate military collapse, well-known authority on the Army of Tennessee Larry Daniel has taken on other doyens of the war in the western theater from Stanley Horn, Tom Connelly, James McDonough, Steven Woodworth, Earl Hess and Richard McMurray to Grady McWhiney, Nathaniel Hughes, Wiley Sword to Michael Ballard, and others. Sometimes pretentious and sometimes convincing but always thought-provoking, Daniels’ analysis of generals, men in the ranks and civilian politicians charged with defending that vast swath of territory from the Mississippi to the Alleghenies presents a welcome return to the discussion of the Confederacy’s “other” or “Second” army. Maybe keying off Bruce Catton’s old phrase this was “Mr. Davis’s Other Army.” Unfortunately, Americans both then and now may have missed the principal (if debatable) point; this may well have been the South’s principal army for geo-political, geographic and strategic reasons and warrants more modern attention than Robert E. Lee’s Army of Northern Virginia, treated in Joseph Glatthaar’s General Lee’s Army that Daniels uses as a model for his own study

TRADE RESTRAINTS - FAIR TRADE STATUTES - VALIDITY OF STATUTE FORBIDDING THE GIVING OF A PREMIUM TO PROMOTE THE SALE OF GASOLINE WITH AN INTENT TO INJURE COMPETITION

Defendant operated an independent gasoline station. He gave to each cash customer purchasing five gallons of gasoline at the generally prevailing prices a drinking glass worth less than five cents. For this act he was charged with violating a statute prohibiting the giving away of any commodity for the purpose of promoting the sale of any other commodity. Defendant moved that the information be quashed and a verdict be directed of not guilty on the ground that the statute was unconstitutional. From an order denying the motion and finding him guilty, defendant appeals. Held, that the giving of a premium with the sale of gasoline was a legitimate business practice. Its prohibition has no reasonable relationship to the protection of the public health, morals, safety or welfare. A statute purporting to do so results. in a deprivation of property and liberty without due process of law in violation of the Michigan Constitution. People v. Victor, 287 Mich. 506, 283 N. W. 666 (1939)

On To Petersburg: Grant And Lee, June 4-15, 1864

Petersburg and the Strategy of Persistence Author Gordon Rhea has something of a cottage industry going with regard to Virginia\u27s so-called Overland Campaign of the spring/summer 1864. His fifth in series on the subject (sixth or seventh if one counts several ancillary works), concludes t...

Henderson, Benjamin

Co. C. 1315 Engr. Const. Bn. Camp Sutton, N.C.https://dh.howard.edu/prom_members/1038/thumbnail.jp