348 Seamen

348k29 Personal Injuries

348k29(4) k. Assumption of Risk, Contributory Negligence, and Division of Damages

There are inevitable hazards, some of very severe nature, in the calling of those who go down to sea in ships, hazards which when not occasioned by negligence or unseaworthiness have to be borne by those who follow the calling.
Massey v. Williams-McWilliams, Inc., 414 F.2d 675 (5th Cir. 1969)

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79 Clerks of Courts

79k10 Compensation and Fees of Clerks of State Courts

79k11 k. In General.

Court was not required to accept 42 cent postage stamp as filing fee from inmate who filed § 1983 complaint and was ordered to pay $0.22 partial filing fee; court was only required to accept coins and currency that were legal tender.
Howard v. Daugherty, 915 N.E.2d 998 (Ind. Ct. App. 2009)

Suggested by Ben Frisch, West Attorney Editor

382T Trademarks

382TIX Actions and Proceedings

382TIX(C) Evidence

382Tk1620 Weight and Sufficiency

382Tk1627 k. Marks Protected.

Finding that term “sweats” was generic was supported by affidavit indicating “sweats” was highly descriptive or generic term for fleece garments, trade advertisements showing such usage, registrations of party protesting use of term, and third-party registrations for marks incorporating “sweats” in which word was disclaimed.
Sweats Fashions, Inc. v. Pannill Knitting Co., Inc., 833 F.2d 1560 (Fed. Cir. 1987)

Suggested by Anne M. Hansen; Bittle Bosman & Hansen LLC; St. Louis Park, MN

2009 WL 1851187 Verdict Summary
2006 WL 5846863Plaintiffs’ Third Amended Original Complaint

Publish Your Cases

20 Adverse Possession

20I Nature and Requisites

20I(F) Hostile Character of Possession

20k59 Possession Consistent with That of Another, and Possession Becoming Adverse After Amicable Entry

20k61 k. By Persons in Fiduciary Relations.

Son’s using privy, raising chickens and picking blackberries on father’s unenclosed lot was as consistent with permissive use as with hostile use and was insufficient as matter of law to establish title by adverse possession by son against his father.
McIntosh v. Chincoteague Volunteer Fire Co., Inc., 260 S.E.2d 457 (Va. 1979)

302 Pleading

302I Form and Allegations in General

302k1 k. Nature and Mode of Pleading in General.

Pleading is the handmaid, rather than the mistress, of justice.
Wheat v. Nievar, 984 So. 2d 773 (La. Ct. App. 2008)

Suggested by Lila Hambleton, Principal Attorney Editor, West

110 Criminal Law

110XVII Evidence

110XVII(V) Weight and Sufficiency

110k554 k. Testimony or Statement of Accused.

Jury is not required to accept defendant’s version of homicide.
Wadkins v. Commonwealth, 14 S.W.2d 390 (Ky. 1929)

Suggested by Jeffrey S. Berman; University of Cincinnati College of Law; Cincinnati, OH