Tort Actions for Injuries to Unborn Infants

Recently two American courts have recognized a right of infants to recover for prenatal injuries. In so meeting the challenge of the common law that for every wrong there is a remedy they have taken a step which no other court of final jurisdiction has taken on the strength of the common law alone... That an infant en ventre sa mere is a distinct entity is a scientific, common sense, legally recognized fact. That this entity may suffer prenatal injuries and carry those injuries into postnatal life is well known. That in many cases adequate proof of causal relation could be made has been demonstrated. That no flood of fraudulent and ill-founded suits would result from allowing such actions is proved by the experience of those jurisdictions allowing them. That an action should lie for prenatal injuries, if justice is to done, is an inescapable conclusion. The two recent cases are strong indications that this conclusion will be reached by many courts in the future. Whatever the reasons were for the holdings of the early cases on this point there appear to be no valid reasons for such holdings at the present. Courts will likely express an attitude similar to that of Mr. Justice Holmes, to the effect that It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past

A study of some of the factors affecting the formation of esophagogastric ulcers in swine

In 1963 the 82 million swine slaughtered in the United States grossed 3 billion dollars, or 7.23 percent of the gross farm income. Although per capita consumption varied only 0.1 of a pound between 1960 and 1964 (63.2 and 63.3, respectively), it is known that an increasing population demands more total pounds of pork products each year. For example, in 1961; the consumption of pork products was 165 million pounds greater than in 1963. In Tennessee, farmers grossed 49,981,000 dollars from the sale of swine in 1963. This represented 8 to 9 percent of the gross farm income, placing Tennessee thirteenth in the United States in swine production. Esophagogastric ulcers have been diagnosed in swine of all age groups, and death losses due to ulcerated conditions have been reported at all intervening ages. These deaths, however, have not usually occurred in large numbers. To maintain and improve present efficiencies in swine production, attention needs to be given to the problem before it becomes more extensive. With this in mind the objectives of this study were: 1. To determine the effect of feed processing on the incidence of gastrointestinal disturbances in growing-finishing swine. 2. To determine the age that introduction and/or omission of an ulcer-inducing ration affects the degree of ulceration observed. 3. To determine the relative value of different rationing for prevention of ulcers in growing-finishing swine on pasture and/or in confinement

Tort Liability of Oil Companies for Acts of Service Station Operators

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required\u27 has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer\u27s products and under its exclusive trade names. Because of the great number of these stations and the nature of activity there conducted it is only natural that many injuries to third parties occur as a result of tortious conduct on the part of operators of those stations or their employees. And in view of the obvious fact that some connection exists between the producer and the operator, and the fact that the producer usually has a deeper pocket, it is not surprising that many attempts have been made to hold the producer liable for injuries so resulting. These attempts, usually based on a theory of the existence of a master-and-servant relationship calling into play the doctrine of respondeat superior, have met with varied success

Tort Liability of Oil Companies for Acts of Service Station Operators

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required\u27 has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer\u27s products and under its exclusive trade names. Because of the great number of these stations and the nature of activity there conducted it is only natural that many injuries to third parties occur as a result of tortious conduct on the part of operators of those stations or their employees. And in view of the obvious fact that some connection exists between the producer and the operator, and the fact that the producer usually has a deeper pocket, it is not surprising that many attempts have been made to hold the producer liable for injuries so resulting. These attempts, usually based on a theory of the existence of a master-and-servant relationship calling into play the doctrine of respondeat superior, have met with varied success

Tort Actions for Injuries to Unborn Infants

Recently two American courts have recognized a right of infants to recover for prenatal injuries. In so meeting the challenge of the common law that for every wrong there is a remedy they have taken a step which no other court of final jurisdiction has taken on the strength of the common law alone... That an infant en ventre sa mere is a distinct entity is a scientific, common sense, legally recognized fact. That this entity may suffer prenatal injuries and carry those injuries into postnatal life is well known. That in many cases adequate proof of causal relation could be made has been demonstrated. That no flood of fraudulent and ill-founded suits would result from allowing such actions is proved by the experience of those jurisdictions allowing them. That an action should lie for prenatal injuries, if justice is to done, is an inescapable conclusion. The two recent cases are strong indications that this conclusion will be reached by many courts in the future. Whatever the reasons were for the holdings of the early cases on this point there appear to be no valid reasons for such holdings at the present. Courts will likely express an attitude similar to that of Mr. Justice Holmes, to the effect that It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past

Teaching Enterprise Integration and Architecture – Tools, Patterns, and Model Problems

This paper describes the design and delivery of a new course introducing the joint topics of enterprise integration andenterprise architecture. Planned for an Information Technology curriculum, the course sits at the crossroads of ComputerScience and Information Systems and is intended for upper level undergraduate and graduate students pursuing degrees inany of these three disciplines. The course builds from an introduction to business operating models into a study of enterprisearchitecture and finishes with a design project in enterprise integration. The ArchiMate enterprise architecture modelingstandard is applied using an open source tool. Model problems are developed in the tool to motivate class lectures and studentdesign assignments. Design patterns form the basis of learning recurring solutions of integration problems. A final projectchallenges students to respond to a Request for Proposal to provide integration consulting services to a recently mergedenterprise business

Actions for Wrongful Death in Tennessee

Familiar to most lawyers is the bit of law-lore to the effect that the reason the earliest Pullman cars were so constructed that passengers slept with their heads towards the front of the train was so that they would be killed rather than merely injured if an accident occurred.\u27 Although the reason assigned for the Pullman Company\u27s practice is purely fictitious the logic of the fiction is sound, for the common law gave no civil action for a wrongfully inflicted injury if death occurred before a judgment was recovered, and it thus was cheaper to kill a person than to inflict a nonfatal injury. Not only was it held that the cause of action which the decedent would have had if death had not ensued was extinguished by his death, even if an action had already been commenced ; but also it was held, without apparent reason, that his surviving dependents had no cause of action for the death of their provider

Placental transfer and maternal-fetal utilization of manganese and copper by swine and sheep

Both manganese and copper have been shown to be necessary for the normal functioning of the animal body, and although there is a vast quantity of information available from laboratory animals, little or no factual information is readily available on placental transfer or maternal-fetal utilization of these two minerals. For these reasons this study, utilizing 15 yearling gilts (73 fetuses) and 15 yearling ewes (13 fetuses), was initiated during the spring of 1968. Pregnant gilts and ewes were dosed with a single tracer level of radio-manganese and radio-copper for blood balance and subsequent tissue-organ distribution and placental transfer studies. Results indicated that, within species, stage of pregnancy did not influence blood disappearance rate, tissue-organ distribution or excretion of manganese and copper. Species did influence fecal excretion of manganese, with sheep retaining approximately one-fourth the intravenously injected manganese as did swine. Amount and rate of manganese transfer was also influenced by species. During the third trimester and at 168 hr. post-dose administration, an 8,000-gm. swine litter contained 22.8 percent of the intravenously injected 54Mn; while a 5,000 gm. lamb fetus contained 3.0 percent. Fetal weight within species was the main factor in determining total percent 54Mn transfer. However, 24 hr. post-dosing, an 8,000-gm. swine litter contained 2.4 percent and a 5,000-gm. lamb fetus contained 2.2 percent of the 64Cu dose, indicating that fetal weight, rather than species, influenced the total percent transferred. Total fetal analysis indicated that radio-manganese transferred during the 168-hr. time study was in relation to manganese content, but this relationship was not reached for radio-copper and copper by 24 hr. post-dosing. Many factors have been shown to influence placental transfer, and this study further indicated that numerous interrelated factors contribute to the determination of what passes from dam to fetus

Making co-enrolment feasible for randomised controlled trials in paediatric intensive care.

Enrolling children into several trials could increase recruitment and lead to quicker delivery of optimal care in paediatric intensive care units (PICU). We evaluated decisions taken by clinicians and parents in PICU on co-enrolment for two large pragmatic trials: the CATCH trial (CATheters in CHildren) comparing impregnated with standard central venous catheters (CVCs) for reducing bloodstream infection in PICU and the CHIP trial comparing tight versus standard control of hyperglycaemia

Repeated Evolution of Digital Adhesion in Geckos: A Reply to Harrington and Reeder

We published a phylogenetic comparative analysis that found geckos had gained and lost adhesive toepads multiple times over their long evolutionary history (Gamble et al., PLoS One, 7, 2012, e39429). This was consistent with decades of morphological studies showing geckos had evolved adhesive toepads on multiple occasions and that the morphology of geckos with ancestrally padless digits can be distinguished from secondarily padless forms. Recently, Harrington & Reeder (J. Evol. Biol., 30, 2017, 313) reanalysed data from Gamble et al. (PLoS One, 7, 2012, e39429) and found little support for the multiple origins hypothesis. Here, we argue that Harrington and Reeder failed to take morphological evidence into account when devising ancestral state reconstruction models and that these biologically unrealistic models led to erroneous conclusions about the evolution of adhesive toepads in geckos