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Full-Text Articles in Law
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Michigan Law Review
H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed. In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was …
Executors And Administrators-Personal Tort Liability-Effect Of Statutes Authorizing Continuance Of Decedent's Business, Leroy H. Redfern S.Ed.
Executors And Administrators-Personal Tort Liability-Effect Of Statutes Authorizing Continuance Of Decedent's Business, Leroy H. Redfern S.Ed.
Michigan Law Review
It is the purpose here to consider the effect of statutes which provide authority for personal representatives to operate a business on the representatives' tort liability. An important factor in deciding whether the statutes change the common law rules relating to tort liability of executors and administrators is the manner in which the courts regard those rules-are they fair and do they make for good law, or are they harsh and arbitrary? For this reason attention is first directed to the practical operation of and reasons behind the common law doctrine.
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.
Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review
Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review
Michigan Law Review
Plaintiff sued to recover for personal injuries sustained when riding with defendants in the latters' automobile. The parties were on a few days' pleasure trip. It was apparently the tacit and mutual understanding that the expenses of transportation, hotels, etc., would be shared equally. Held, plaintiff was a guest within the meaning of the guest statute, and thus had no right of recovery against the driver or owner for injury resulting from the negligence of the driver. McCann v. Hoffman, (Cal. 1937) 70 P. (2d) 909.
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Michigan Law Review
Plaintiff was injured while riding on defendant's bus when it was struck by defendant's street car, the collision being caused by the derailment of the street car. It was not made clear on trial what was responsible for the derailment. Held, the defendant controlled both vehicles, the event was of a type which would not ordinarily occur if reasonable care were used, the injury to plaintiff was not due to any voluntary act on her part, so the jury could properly infer that the defendant was negligent under the doctrine of res ipsa loquitur. Birdsall v. Duluth-Superior Transit …
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review
Michigan Law Review
In an effort to protect the taxpayer from the extravagance of municipal officials, two types of restrictions, in the main, have been imposed: those limiting the power to contract debts, and those restricting the power to levy taxes. Frequently in an effort to recover and collect a judgment against the city, one or the other of these restrictions is met. Courts seem to hold unanimously that debt limitations apply to the city's obligations in contract and not in tort, but they are divided as to the effect of tax limitations upon collection of a tort judgment. As an example of …
Torts -Attractive Nuisance - Natural Hazards
Torts -Attractive Nuisance - Natural Hazards
Michigan Law Review
The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …
Torts-Last Clear Chance Doctrine-Position Of Peril
Torts-Last Clear Chance Doctrine-Position Of Peril
Michigan Law Review
The trial court refused to give an instruction to the effect that "if the jury believed that the decedent, by her own negligence, had placed herself in a position of peril, and the defendant saw and realized her condition in time to avoid the accident by the exercise of ordinary care, but failed to do so, the defendant was solely responsible for her death." Held, that the instruction was rightly refused. Sadler v. Benson (Cal. App. 1930) 293 Pac. 126.