Rape on the Washington Southern: The Tragic Case of \u3ci\u3eHines v. Garrett\u3c/i\u3e

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to protect against that risk if she did not voluntarily disembark. This article dives into the historical backdrop of this pivotal Virginian case by providing details on Ms. Garrett’s daily commute, the assaults, the police investigation, the lawsuit, both the trial and appeal, and the Virginia Supreme Court’s ultimate decision. Further, this article provides insight into the aftermath of this case and how the parties’ lives proceeded at its conclusion. Julia May Garrett\u27s story, it turns out, is more than a story of proximate cause. It is in many ways a story about Virginia

Public Services Meet Private Law

Some plaintiffs\u27 lawyers believe that expenses incurred by governments after the criminal use of their products take issue with the claim that the government services for which compensation is claimed are free for all, and therefore ineligible for tort recovery. They argue that government services should not subsidize tortfeasors, and that proper accounting requires tortfeasors to internalize the social costs of their alleged misbehavior. They would do away with what they call the free public services doctrine (FPSD), which one author described as holding that a governmental entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor\u27s wrong. On the other side of the political spectrum, proponents of federal tort reform have sought to specifically immunize certain defendants from cost recoupment suits. Of course such legislation, if enacted, would imply that the recoupment suits could have been allowed as a general common law matter in its absence. This Article contends that both camps would benefit from a more thorough understanding of the Free Public Services Doctrine\u27s place within the common law of tort. FPSD is in reality, contra its critics\u27 claims, a universally applied illustration of fundamental common law tort concepts: duty, proximate cause and damages. Wherever these elements remain requirements for common law liability, public service cost recoupment should be denied

Public Services Meet Private Law

Some plaintiffs\u27 lawyers believe that expenses incurred by governments after the criminal use of their products take issue with the claim that the government services for which compensation is claimed are free for all, and therefore ineligible for tort recovery. They argue that government services should not subsidize tortfeasors, and that proper accounting requires tortfeasors to internalize the social costs of their alleged misbehavior. They would do away with what they call the free public services doctrine (FPSD), which one author described as holding that a governmental entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor\u27s wrong. On the other side of the political spectrum, proponents of federal tort reform have sought to specifically immunize certain defendants from cost recoupment suits. Of course such legislation, if enacted, would imply that the recoupment suits could have been allowed as a general common law matter in its absence. This Article contends that both camps would benefit from a more thorough understanding of the Free Public Services Doctrine\u27s place within the common law of tort. FPSD is in reality, contra its critics\u27 claims, a universally applied illustration of fundamental common law tort concepts: duty, proximate cause and damages. Wherever these elements remain requirements for common law liability, public service cost recoupment should be denied

A Critical Analysis of Techniques and Basic Phenomena Related to Deposition of High Temperature Superconducting Thin Films

The processes involved in plasma and ion beam sputter-, electron evaporation-, and laser ablation-deposition of high temperature superconducting thin films are critically reviewed. Recent advances in the development of these techniques are discussed in relation to basic physical phenomena, specific to each technique, which must be understood before high quality films can be produced. Low temperature processing of films is a common goal for each technique, particularly in relation to integrating high temperature superconducting films with the current microelectronics technology. Research is now demonstrating that the introduction of oxygen into the growing film, simultaneously with the deposition of the film components, is necessary to produce as-deposited superconducting films at relatively low substrate temperatures