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Articles 1 - 21 of 21
Full-Text Articles in Law
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Michigan Law Review
Defendant, under a contract with the federal government to dredge the Chesapeake and Delaware Canal, deposited the effluent material dredged from the canal upon a disposal area owned by the government. The work was carried on under government supervision, and neither the government inspectors nor defendant's employees knew, nor apparently could they have known, of any defect in the retaining wall which had previously been built by the government to hold back the material. Defendant had had nothing to do with prior dredging operations, by which the level of fixed earth behind the retaining wall had been raised considerably. After …
Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman
Taxation-Federal Estate Tax-Joint Tenancy-Retroactivity, Richard S. Brawerman
Michigan Law Review
The recent decision by the Supreme Court in United States v. Jacobs deals with the troublesome issue of retroactivity under the federal estate tax law. The decedent whose estate was involved in this case had paid the entire consideration for certain real estate which was conveyed to himself and his wife as joint tenants. This transaction took place in 1909. The decedent died in 1924, shortly after the effective date of the Revenue Act of that year. The Commissioner of Internal Revenue included the entire value of the real estate in the decedent's gross estate. The executors paid the tax …
Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell
Landlord And Tenant - Assumption Of Risk Of Defective Stairway In Landlord's Control By Employee Of Tenant, John S. Pennell
Michigan Law Review
Plaintiff, employee of a tenant in defendant's building, fell and suffered injuries while using a stairway designed for the use of the tenants and their employees. The stairway was in the control of the landlord, and had long been in a defective condition. It was the only means of ingress and egress. In the plaintiff's action against the landlord the trial court granted a non-suit on the ground that plaintiff had voluntarily assumed the risk of the defective stairway by her use thereof. Plaintiff appealed. Held, the question whether the plaintiff had voluntarily assumed the risk is a question …
Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review
Negligence - Escalator Not An Attractive Nuisance, Michigan Law Review
Michigan Law Review
Plaintiff, a four-year-old child, accompanied his mother into defendant's department store. Having wandered over to a nearby escalator, he inserted his hand into the aperture where the steps go under the floor, and suffered the loss of two fingers for which injury this action was brought. Held, defendant's motion to dismiss the action was properly granted below, since an escalator, being an ordinary, common instrumentality constructed for ordinary and common use, is not an attractive nuisance. Kataoka v. May Department Stores Co., (D. C. Cal. 1939) 28 F. Supp. 3.
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Michigan Law Review
Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to …
Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review
Deeds - Construction Where Grantees Take "Jointly'', Michigan Law Review
Michigan Law Review
Land was conveyed to plaintiffs' ancestor and defendant by deed. The granting clause read: "hereby convey to Isaac . . . and Alice . . . "; the habendum clause: "Said real estate being taken by said grantees jointly . . . to have and to hold . . . to the said grantees, their assigns, heirs, and devisees forever." The heirs of Isaac, who died intestate, filed a partition petition; Alice, claiming as surviving joint tenant, answered and also started an action to quiet title. A statute provided that "Conveyances to two or more in their own right create …
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Michigan Law Review
Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He …
Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope
Mortgages - Limitation Of Actions - Deficiency Decree On Basis Of Covenant In Mortgage When Action On Note Barred, Donald M. Swope
Michigan Law Review
Defendant executed and delivered to plaintiff a promissory note and a mortgage securing it. The mortgage contained a covenant to pay $10,000 (the principal amount of the note) "according to the terms of a certain promissory note bearing even date herewith." Upon foreclosure it was held, three judges dissenting, that the mortgagee was entitled to a deficiency decree notwithstanding action on the note was barred by the statute of limitations. Guardian Depositors Corporation of Detroit v. Savage, 287 Mich. 193,283 N. W. 26 (1938).
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Michigan Law Review
As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …
Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman
Constitutional Law - Special Assessments - Property Owner's Right To Hearing Under Due Process Clause - Legislative Determination Of Benefits, Richard S. Brawerman
Michigan Law Review
The California legislature created the Los Angeles Flood Control District, empowered a board of supervisors to construct improvements and acquire property necessary or useful for carrying out the purposes of the act, and provided for the organization of drainage districts within the flood control district. An amendatory act provided that the board of supervisors might accept a transfer of "all, but not less than all," improvements of defined classes lying within the flood control district, whereupon the district should become liable for principal and interest of bonds afterward maturing which had been issued by any drainage district to cover the …
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper
Michigan Law Review
The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Michigan Law Review
Plaintiff and defendant's predecessor in title made a mistake in locating the boundary line between their lots. Laboring under this misapprehension, the plaintiff constructed a cottage which in fact was partially on land of defendant's predecessor in title. Defendant, having purchased the adjoining lot, caused a survey to be made and discovered that the cottage of the plaintiff and the wall constructed by plaintiff and defendant's predecessor encroached upon defendant's land. However, plaintiff remained in possession without admitting defendant's title and in 1937 sued to establish title by adverse possession. The lower court found that having been in possession for …
Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review
Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review
Michigan Law Review
Pursuant to an oral agreement and upon consideration furnished by them, A, B, and C procured land to be conveyed to A by a third party. Six days later A executed a self declaration of trust in the terms of the oral agreement; that he would operate it, and within a specified period sell the property and divide the proceeds between himself, B and C, as beneficiaries. A suit to remove A as trustee culminated in a judicial sale of the property to B and C. In this proceeding by B and C to quiet title, A …
Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud
Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud
Michigan Law Review
Plaintiff purchased the property in question on January 26, 1934. The property was subject to restrictive covenants, running with the land until January 26, 1930, which prohibited use for "any trade or business whatsoever or any boarding house." On August 18, 1922, a temporary zoning ordinance of the city of Long Beach was adopted to retain the advantages secured by the restrictive covenants. This was followed by a permanent zoning ordinance on July 8, 1930. Under the permanent zoning ordinance the property in question was included in "Residence A" district which was restricted to "a one family detached house for …
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Michigan Law Review
A and B mortgaged real estate to the plaintiff to secure their notes aggregating $9,000. Six months later A and B exchanged this property to the defendant for certain real estate owned by her. By the deed the defendant assumed the mortgage indebtedness owed to the plaintiff. As a further consideration for the exchange, A and B executed a note for $13,050 to the defendant. The plaintiff instituted this action against A and B, seeking to recover the balance, and by amended petition joined the defendant. The defendant claimed the right of set-off on the uncollected judgment against A …
Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton
Torts - Liability Of Landlord For Injury To Property Of Tenant's Customer, Arthur P. Boynton
Michigan Law Review
A customer of the tenant sued the landlord for damage, to fur coats left with the tenant in the normal course of his business, from water, due to a leaky condition of the roof of the building which was in the control of landlord. Held, that it was the duty of the landlord to exercise reasonable care to keep the roof in reasonable repair not only as regards the safety of persons in the building but also as respects property lawfully there; that this duty was not performed and the damage resulted therefrom. Whelkin Coat Co. v. Long Beach …
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Michigan Law Review
Who owns this automobile? is a question of frequent interest both to the state and to its citizens. Identification of it and its owner may be a leading clue to the solution of crime; its owner must often be apprehended as the first step toward punishment of one of the considerable list of offenses peculiar to the operation of motor vehicles; it constitutes an important item of taxable property. The private citizen is interested in its ownership to identify the proper defendant in his tort action; it is an obvious source of satisfaction of his claim against a debtor; or …
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Michigan Law Review
The defendant, a municipal corporation, used a poison spray on the trees on the highway under the authority and express duty of certain statutes that declared browntail moths and other insects a nuisance. This was done in such a manner that a part of the spray fell on the abutting land of the plaintiff, and caused the death of her poultry. The plaintiff instituted this action, relying on two counts, one alleging negligence and the other alleging an unreasonable use of the highway. Held, that the plaintiff could not recover on the first count because the abatement of this …
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Michigan Law Review
Plaintiff installed elevators in an apartment house under construction. The elevators were covered by a conditional sale contract with the general contractor. Prior to the sale of the elevators the apartment house had been mortgaged. Upon the contractor's default in payment for the elevators, plaintiff asserted his right to remove the elevators as against the owner of the apartment and the mortgagee. Held, the elevators could be removed. Otis Elevator Co. v. Arey-Hauser Co., (D. C. Pa. 1938) 22 F. Supp. 4.
Bailments - Liability Of Parking Lot Owner For A Stolen Car, M. D. Blackwell
Bailments - Liability Of Parking Lot Owner For A Stolen Car, M. D. Blackwell
Michigan Law Review
Plaintiff parked her car at defendant's parking lot, paying the required fee and leaving the key in the car. The plaintiff testified that this was done at the attendant's request, and this testimony was not directly controverted. The attendant left the lot about midnight, and some time after that time the car was stolen. Held, that a bailment existed, and that the plaintiff had set up a prima facie case of liability on the part of the bailee for failing to exercise due care. Auto Ins. Co. v. Syndicate Parking Co., 58 Ohio App. 148, 16 N. E. …
Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud
Deeds - Covenant Of Warranty Limited By Exceptions In Another Covenant, Seward R. Stroud
Michigan Law Review
A mortgaged land to B and thereafter executed a second mortgage on the same land to C. In the second mortgage, A covenanted that "they are seized of good and perfect title . . . in fee simple and that the title so conveyed is clear, free and unincumbered except . . . (the Hixton Bank mortgage) [mortgage to B] and that they will forever warrant and defend the same . . . against all claims whatsoever." The first mortgage to B was foreclosed, and B purchased at the foreclosure sale. B sold the land to A, …