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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 …
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).
Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen
Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen
Michigan Law Review
Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …
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-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.