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Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton
Michigan Law Review
Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw
Michigan Law Review
Plaintiff, an eighteen-year-old girl, was riding in the front seat of a Ford coupe with three young men on a clear night. The car, driven by defendant, was going sixty to sixty-five miles per hour and in rounding a curve struck another car. Plaintiff was thrown out and injured. The driver of the second car was joined as codefendant. Held, when more than three persons occupy the front seat of a car, overcrowding it and hampering the driver, those overcrowding it are guilty of contributory negligence as a matter of law; and where the accident was caused by lack …