272 Negligence

272XVII Premises Liability

272XVII(L) Defenses and Mitigating Circumstances

272k1281 Plaintiff’s Conduct or Fault

273k1287 k. Miscellaneous Particular Cases.

Mere presence in tavern at 2:20 A.M. on New Year’s Eve was not contributory negligence per se.
Miller v. Staton, 394 P.2d 799 (Wash. 1964)

110 Criminal Law

110XVII Evidence

110XVII(D) Facts in Issue and Relevance

110k339.5 Identity of Accused

110k339.8 Out-Of-Court or Pre-Trial Confrontation

110k339.8(2) Time and Manner of Confrontation; Suggestiveness

110k339.8(3) k. Lineup Procedure in General.

Fact that defendant was asked to smile in lineup did not render lineup unduly suggestive or indicate that police officers acted improperly; victim’s description of perpetrator to police included that he had decaying tooth and detective who organized lineup testified at suppression hearing that victim identified defendant and then asked detective to have all participants in lineup smile so that he could be sure of his identification.
People v. Thomas, 637 N.Y.S.2d 174 (N.Y. App. Div. 1996)

Suggested by Anne M. Hansen; Bittle Bosman & Hansen, PC; Saint Louis Park, MN

96H Controlled Substances

96HV Forfeitures

96Hk168 Grounds

96Hk170 k. Probable or Reasonable Cause; Substantial Connection.

Claimant was not entitled to return of spoon-shaped piece of jewelry since cocaine residue on spoon created requisite nexus to drug violation.
Medious v. Dep’t of Highway Safety & Motor Vehicles, 534 So. 2d 729 (Fla. Dist. Ct. App. 1988)

Suggested by John I. Lahti; Paralegal; Buckingham, Doolittle & Burroughs, LLP; Boca Raton, FL

272 Negligence

272X Sports, Games and Recreation

272k332 k. Golf.

Under Kansas law, golf is not abnormally dangerous activity that gives rise to strict liability on part of golfers for injuries to others.
Ludwikoski v. Kurotsu, 840 F. Supp. 826 (D. Kan. 1993)

Suggested by John E. Patterson; Baker Sterchi Cowden & Rice, LLC; Kansas City, MO

348 Seamen

348k15 Wages

348k21 Forfeiture and Fines

348k21(4) Desertion

348k21(4.1) k. In General.

Seamen missing vessel, hoping to delay sailing over Christmas Day, and attempting to rejoin, were not “deserters.”
Buchanan v. United States, 24 F.2d 528 (N.D. Cal. 1927)

268 Municipal Corporations

268V Officers, Agents, and Employees

268V(B) Municipal Departments and Officers Thereof

268k179 Police

268k185 Suspension and Removal of Policemen

268k185(10) k. Sufficiency of Evidence to Support Finding or Decision.

Evidence that police officer on Christmas Eve used patrol wagon to replenish beer supply at hotel party held not to show such misconduct as to require officer’s removal.
Marcum v. Smith, 80 S.W.2d 38 (Ky. 1935)

231H Labor and Employment

231HXII Labor Relations

231HXII(G) Unfair Labor Practices

231Hk1487 Unilateral Changes in Wages or Conditions of Employment

231Hk1490 Particular Changes

231Hk1490(4) k. Bonuses.

Employer’s unilateral discontinuance of its practice in giving its employees Christmas turkeys did not violate its duty to bargain, in that first collective bargaining agreement between employer and the union did not obligate employer to give the Christmas turkeys, and negotiations leading up to the second contract indicated union abandonment of any attempt to make giving of the turkeys obligatory.
Aeronca, Inc. v. N.L.R.B., 650 F.2d 501 (4th Cir. 1981)

Suggested by Jim Vannoy; Office of Law; Howard County, MD