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Full-Text Articles in Law
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Michigan Law Review
Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible …
Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy
Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy
Michigan Law Review
Plaintiff recovered judgment against the insured for injuries received in an automobile accident. The judgment being unsatisfied, plaintiff sued the insurer on its public liability policy. Held, the policy by implication intended a benefit to the injured person and he may sue as a creditor-beneficiary. Ohio Casualty Ins. Co. v. Beckwith, (C. C. A. 5th, 1935) 74 F. (2d) 75.
Negligence - Liability For Injury Resulting From Fright
Negligence - Liability For Injury Resulting From Fright
Michigan Law Review
While crossing the street in front of her home the daughter of the plaintiff's intestate was killed by the negligent driving of the defendant. The plaintiff's intestate was watching from the window at the time and saw the accident. The shock resulted in illness, which caused her death several weeks later. Plaintiff, as administrator under the Wisconsin Death Act, recovered a judgment for the injury to the mother. Held, that the judgment should be reversed since there was no duty to the mother. Waube v. Warrington, (Wis. 1935) 258 N. W. 497.
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …