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Articles 1 - 24 of 24
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Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Michigan Law Review
Plaintiff, while attending an auction conducted by defendant, purchased a large kitchen cabinet. As her sons attempted to remove the cabinet, their negligent handling of the piece caused the top half to become dislodged and to fall on the plaintiff, injuring her seriously. Defendant, a veteran auctioneer, was in full control of the auction and the area in which the injury occurred, and had invited the public to attend by means of advertisements. He had offered the sons no assistance, nor had he given the crowd warning of their dangerous activity. On appeal from a judgment for plaintiff, held, …
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Michigan Law Review
Defendant, in violation of a city ordinance requiring every owner or custodian of a dog to keep the animal on his own premises unless on a leash and under control of a competent person, allowed his dog to run loose on the street. On collision of the dog with plaintiff's motor scooter, plaintiff brought suit for injuries incurred, claiming negligence per se by defendant through violation of the ordinance. The trial court sustained defendant's demurrer. On appeal, held, reversed. The violation of the ordinance was negligence per se, since the purpose of the ordinance included the protection of people …
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Michigan Law Review
In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …
Admiralty-Injury To Longshoreman Working Ashore By Unseaworthiness Of The Vessel, Jean Engstrom S.Ed.
Admiralty-Injury To Longshoreman Working Ashore By Unseaworthiness Of The Vessel, Jean Engstrom S.Ed.
Michigan Law Review
Plaintiff, employed by an independent contractor to lade defendant's ship, was injured by a "pontoon" hatch cover which fell on his foot while he was working on the dock beside the ship. The court below found that defendant was not negligent, but that the ship was unseaworthy and that its unseaworthiness caused plaintiff's injury. Held, judgment for plaintiff affirmed. Breach of the warranty of seaworthiness is a tort arising out of a maritime status or relation and is therefore cognizable by maritime law whether occurring at sea or on land; a longshoreman employed by an independent contractor to lade a …
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Michigan Law Review
Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …
Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Michigan Law Review
Plaintiff, a resident of Massachusetts, brought suit in the law side of the federal district court in Massachusetts for injuries sustained as a passenger aboard defendant's ship while it was docked in Sweden. Defendant, a Swedish corporation, defended on the ground that a contract stipulation as expressed on the back of plaintiff's ticket relieved it of liability. The ticket had been purchased in Sweden. The lower court, citing only American authorities, held that the. effect of the contract provision was to relieve defendant. On appeal, held, remanded. The cause of action asserted is a maritime tort; hence the substantive …
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Michigan Law Review
Plaintiff, stockholder in a mining company, sued a transfer agent of the company in conversion for its refusal to transfer plaintiff's stock into block shares. The lower court found for plaintiff. On appeal, held, reversed. There is no direct liability of a transfer agent to the stockholder for wrongful nonfeasance in delaying or refusing to transfer stock. Mears v. Crocker First Nat. Bank of San Francisco, (Cal. App. 1950) 218 P. (2d) 91.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Michigan Law Review
Plaintiff, as administrator, brought an action to recover for the death and conscious suffering of plaintiff's intestate, allegedly injured, while a viable child within her mother's womb, by the tortious act of the defendant. Defendant's demurrer to the declaration was sustained. On appeal, held, affirmed. Neither the infant nor its personal representative has a cause of action for prenatal personal injuries. Bliss v. Passanesi, (Mass. 1950) 95 N.E. (2d) 206.
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Michigan Law Review
A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Michigan Law Review
Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-The "Concealed Defects" Exception, Robert S. Griggs
Michigan Law Review
Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only …
Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.
Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.
Michigan Law Review
Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.
Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.
Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.
Michigan Law Review
Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …
Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.
Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.
Michigan Law Review
Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …
Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.
Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.
Michigan Law Review
Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …
Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.
Torts-Strict Liability For Ultra-Hazardous Activities, Harold G. Christensen S.Ed.
Michigan Law Review
Plaintiff brought action for damage to his land caused by concussion and vibration resulting from defendant's blasting operations in the construction of a public highway. Defendant demurred for failure to state a cause of action in that plaintiff did not properly plead negligence. Held, demurrer sustained. Fault is a requisite to liability. Reynolds v. W. H. Hinman Co., (Me. 1950) 75 A. (2d) 802.
Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.
Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.
Michigan Law Review
Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …
Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.
Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.
Michigan Law Review
A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons
Michigan Law Review
Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …
Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger
Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger
Michigan Law Review
Decedent, a patient in the advanced stages of labor awaiting transfer from the labor room to the delivery room of defendant hospital, opened a window, unhooked the screen and jumped or fell to her death below. It was assumed by the court that death was caused by intrapartum psychosis, a condition which plaintiff claimed was recognized by the medical profession as a hazard of childbirth. Decedent had exhibited no unusual symptoms and had previously been through two normal pregnancies. The jury was allowed to find defendant negligent in not providing for constant attendance and in failing to bar the window …
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Michigan Law Review
Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but …
Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson
Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson
Michigan Law Review
A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …
Torts-Liability For Misrepresentation Made With Honest Belief In Its Truth, C. E. Lombardi, Jr.
Torts-Liability For Misrepresentation Made With Honest Belief In Its Truth, C. E. Lombardi, Jr.
Michigan Law Review
Defendant, a liquor broker, was authorized to make contracts for a liquor wholesaler. He represented to plaintiff that the wholesaler had sufficient liquor immediately available to supply plaintiff with an "unlimited amount," and that he had investigated the company and it was "financially all right." Defendant honestly believed his representations to be true. Relying on the representations, plaintiff placed a large order with the wholesaler and paid a deposit which he lost when the wholesaler went bankrupt shortly thereafter. Plaintiff sued for damages. On appeal from judgment for plaintiff, held, affirmed. Petition for rehearing denied. Stein v. Treger, …
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Michigan Law Review
Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.