TORTS-LIABILITY OF LAND AND CHATTEL OWNER TO THIRD PARTY FOR ACTS OF INFANT TRESPASSER

Defendant left on his land tractors which could easily be started by children in the neighborhood who, defendant knew, frequently trespassed and played on the machines. A boy of ten inadvertently started one of the machines and then jumped to safety, but the tractor proceeded through a building on defendant\u27s land, down a hill, across a street, and into and through the plaintiff\u27s house a block away, causing the damage for which she sues. The trial court charged that to justify recovery for the plaintiff the jury must find not only that defendant was negligent, and that his negligence was the proximate cause of the harm, but also that the tractor was an attractive nuisance. Defendant appeals from a judgment on the verdict for plaintiff. Held, affirmed, for while the attractive nuisance doctrine did not apply to the facts of this case, the error was not prejudicial. Bronk v. Davenny, (Wash. 1946) 171 P. (2d) 237

WILLS-INCORPORATION BY REFERENCE-COMPARISON WITH SECRET TRUSTS AND ACTS OF INDEPENDENT SIGNIFICANCE

Legal doctrines have been developed to define the extent to which events outside the will itself may control the testamentary dispositions. Incorporation by reference, acts of independent significance, and secret trusts are related in their concern with testators\u27 attempts to determine major parts of testamentary schemes by acts not written on the attested paper first presented for probate. The present discussion investigates the degree to which the courts adhere to the definitions of these doctrines and the traditional distinctions between them

BANKRUPTCY-CONTEMPT--PRESUMPTIONS-FINALITY OF TURNOVER ORDERS IN CONTEMPT ACTIONS AND THE PRESUMPTION OF CONTINUED POSSESSION

Problems of jurisprudence and bankruptcy are raised by Maggio v. Zeitz, a recent decision of the United States Supreme Court. The facts were these: In April, I942, the Luma Camera Service was adjudged a bankrupt. Defendant was its principal officer. The bankrupt\u27s books showed a large and unusual merchandise shortage for November and December, 1941. Despite defendant\u27s denial, the referee and district judge were satisfied that defendant had extracted the property from the estate before bankruptcy. But there was no evidence that defendant retained the goods or their proceeds. Relying on a presumption of continued possession, the referee ordered defendant to return the property or the proceeds, set at $17,500. The turnover order was affirmed by the district court in December, 1943. The circuit court of appeals affirmed, and the Supreme Court denied certiorari. Defendant did not obey the order, and in a contempt action he reiterated his inability to comply and his denial of the taking. But he was committed for contempt of court in June, 1945; he would-stay in jail, said the order, until he produced the property or$17,500. The primary basis of committal was the presumption of continued possession. The circuit court of appeals again affirmed, but stated that the presumption was fictitious and that the court knew that defendant could not comply with the order. On certiorari, the Supreme Court reversed and remanded to the district court for further proceedings. Justice Jackson, for the majority, stated that while the basis of the turnover order is res judicata, present possession is in issue in the contempt proceeding, and rigid application of the presumption of continued possession is unwarranted. Justices Black and Rutledge felt that the entire proceeding was illegal, and wanted the case dismissed. Justice Frankfurter dissented

Octonic Electrodynamics

In this paper we present eight-component values "octons", generating associative noncommutative algebra. It is shown that the electromagnetic field in a vacuum can be described by a generalized octonic equation, which leads both to the wave equations for potentials and fields and to the system of Maxwell's equations. The octonic algebra allows one to perform compact combined calculations simultaneously with scalars, vectors, pseudoscalars and pseudovectors. Examples of such calculations are demonstrated by deriving the relations for energy, momentum and Lorentz invariants of the electromagnetic field. The generalized octonic equation for electromagnetic field in a matter is formulated.Comment: 12 pages, 1 figur

MR. JUSTICE MURPHY -A NOTE OF APPRECIATION

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man

GINA - A Polarized Neutron Reflectometer at the Budapest Neutron Centre

The setup, capabilities and operation parameters of the neutron reflectometer GINA, the recently installed "Grazing Incidence Neutron Apparatus" at the Budapest Neutron Centre, are introduced. GINA, a dance-floor-type, constant-energy, angle-dispersive reflectometer is equipped with a 2D position-sensitive detector to study specular and off-specular scattering. Wavelength options between 3.2 and 5.7 {\AA} are available for unpolarized and polarized neutrons. Spin polarization and analysis are achieved by magnetized transmission supermirrors and radio-frequency adiabatic spin flippers. As a result of vertical focusing by the five-element (pyrolytic graphite) monochromator the reflected intensity from a 20x20 mm sample has doubled. GINA is dedicated to studies of magnetic films and heterostructures, but unpolarized options for non-magnetic films, membranes and other surfaces are also provided. Shortly after its startup, reflectivity values as low as 3x10-5 have been measured on the instrument. The facility is now open for the international user community, but its development is continuing mainly to establish new sample environment options, the spin analysis of off-specularly scattered radiation and further decrease of the background

BISMICS consensus statement: implementing a safe minimally invasive mitral programme in the UK healthcare setting

Disseminating the practice of minimally invasive mitral surgery (mini-MVS) can be challenging, despite its original case reports a few decades ago. The penetration of this technology into clinical practice has been limited to centres of excellence and mitral surgery in most general cardiothoracic centres remains to be conducted via sternotomy access as a first line. The process for the uptake of mini-MVS requires clearer guidance and standardisation for the processes involved in its implementation. In this statement, a consensus agreement is outlined that describes the benefits of mini-MVS, including reduced post-operative bleeding, reduced wound infection, enhanced recovery and patient satisfaction. Technical considerations require specific attention and can introduced through simulation and/or use in conventional cases. Either endoballoon or aortic cross clamping are both recommended as well as femoral or central aortic cannulation, with the use of appropriate adjuncts and instruments. A coordinated team-based approach that encourages ownership of the programme by the team members is critical. A designated proctor is also recommended. The organisation of structured training and simulation, as well as planning the initial cases are important steps to consider. The importance of pre-empting complications and dealing with adverse events are described, including re-exploration, conversion to sternotomy, uni-lateral pulmonary oedema and phrenic nerve injury. Accounting for both institutional and team considerations can effectively facilitate the introduction of a mini-MVS service. This involves simulation, team-based training, visits to specialist centres and involvement of a designated proctor to oversee the initial cases