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Full-Text Articles in Law
Torts - Civil Damage Statutes - Proximate Cause
Torts - Civil Damage Statutes - Proximate Cause
Michigan Law Review
Defendant Campion purchased "moonshine" liquor from defendants Wrabek and wife, and gave three drinks to plaintiff's husband who shortly thereafter became unconscious, was exposed to sub-zero weather on the street during the night, and froze his hands and feet which, as a result, were amputated. Plaintiff sued for loss of support under sec. 3239 Mason's Minn. Statutes 1927 (the "civil damage" act) which provided for such action by the wife against "any person, who shall by illegally selling, bartering, or giving intoxicating liquors, have caused the intoxication of such person." On an appeal from the court's judgment for defendants Wrabek …
Congressional Redistricting And The Constitution, Harold M. Bowman
Congressional Redistricting And The Constitution, Harold M. Bowman
Michigan Law Review
Is congressional redistricting by state legislatures an exercise of the lawmaking function, subject to the governor's veto power? Is fairness in such redistricting secured today either by federal statute or by the federal Constitution? Of these two questions, posed by recent events, the first has been completely answered; the second has been answered in part only -- breeding in its answer new and troublesome problems.
Constitutional Law - Redistricting For Congressional Elections - Lawmaking Power Of The State
Constitutional Law - Redistricting For Congressional Elections - Lawmaking Power Of The State
Michigan Law Review
By the latest reapportionment of the House of Representatives (tit. 2, U. S. C. A., art. 2a), passed in 1929, Minnesota received one less representative than it had had by the previous apportionment (Act of 1911, tit. 2, U. S. C. A., sec. 2). The state legislature of Minnesota passed an act dividing the state into congressional districts in accordance with this apportionment, and the governor vetoed the bill. Thereupon the state house of representatives, by resolution, directed the secretary of state to enroll the bill as a law on the ground that the veto of the governor was a …
Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action
Michigan Law Review
In an action brought for damages arising out of alleged negligent treatment of an injury, defendant pleaded a general release of the city of Minneapolis and other alleged joint tort-feasors whom plaintiff had first sued for damages resulting from the injury. In affirming the judgment for defendant on the pleadings, held, that the release barred the cause of action. Smith v. Mann (Minn. 1931) 239 N. W. 223.
Negligence - Amusements - Assumption Of Risk By Football Spectators
Negligence - Amusements - Assumption Of Risk By Football Spectators
Michigan Law Review
The plaintiff, a woman who had paid to witness a football game played on defendant's field, stood near the boundaries of the playing field and was hurt when hit by a player tackled at the side-line. The evidence disclosed that the field was not roped off for the minor games, that there was no policing except that done by a few school officials, and that the spectators were not required to occupy seats in the stands. Reversing the lower court, the appellate tribunal held that, under these circumstances, there was no negligence, the opinion of the majority indicating that, if …
Sales - What Constitutes Notice Of Defective Title
Sales - What Constitutes Notice Of Defective Title
Michigan Law Review
A retail dealer in automobiles sold to the plaintiff a new and unregistered automobile. This car had previously been sold by the dealer to a third person, under a conditional sale agreement. This contract the dealer assigned to the plaintiff who recorded it, together with the assignment. Neither the conditional vendor nor the plaintiff took possession of the car which was left in the dealer's possession. Thereafter the dealer sold it to the defendant who purchased for value and without actual notice and took possession. The plaintiff sought to recover the car in an action of replevin. Held, the …
Constitutional Law -Is Redistricting Of A State For Congressional Elections An Exercise Of The Lawmaking Power Of The State?
Michigan Law Review
The governor of Minnesota vetoed an act of the legislature dividing the state into congressional districts in accordance with the latest re-apportionment of the House of Representatives (46 Stat. 21, 26). Thereupon the state house of representatives by resolution directed the secretary of state to enroll the bill as a law. In an action started to test the validity of the law, held, Art. 1, Sec. 4 (1) of the Constitution of the United States provides that, "The time and place of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but …
Trusts -- Self-Dealing Of The Trustee -- Right To Look Through The Corporate Entity
Trusts -- Self-Dealing Of The Trustee -- Right To Look Through The Corporate Entity
Michigan Law Review
One Northrop was appointed by the court as guardian, receiving $2,500 which he deposited in defendant bank of which he was the president, the general manager, and of which he was in complete control. Subsequently he exchanged this deposit for a mortgage owned by the bank. The bank became insolvent, and plaintiff, as substituted trustee, brought this action to have a preference adjudged out of the bank's assets in favor of the ward. Held, plaintiff could ignore the mortgage transaction but could only claim as a general creditor of the bank. Ottawa Banking and Trust Co. v. Crookston State …
Injunction - Mutuality- Personal Service Contract
Injunction - Mutuality- Personal Service Contract
Michigan Law Review
Plaintiff and defendant entered into a contract whereby plaintiff was to teach defendant boxing and to use his best efforts to negotiate and manage boxing bouts for defendant over a period of five years, the proceeds of the contests to be divided between plaintiff, defendant, and a brother of defendant on a percentage basis. Defendant agreed not to engage, during the life of the contract, in any "boxes, exhibition fights, or theatrical performances except such as have been procured by" the plaintiff. On appeal by defendant from a temporary injunction restraining his breach of the negative covenant, held, assuming …
Negligence - Contribution Between Concurrent Tort Feasors - Subrogation
Negligence - Contribution Between Concurrent Tort Feasors - Subrogation
Michigan Law Review
A truck owner parked his truck on a public street at night knowing that the rear light was not burning. A Minnesota statute made it illegal to park a car at night without a light. The defendant negligently ran into the truck, whereby one of his companions was injured. The plaintiff, as insurer of the truck owner, paid for the injury, becoming subrogated to any right of contribution which the truck owner might have against the defendant. Held, that if the truck driver were guilty of negligence only, recovery could be had, but where there is an intentional wrong …
Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment
Torts - Federal Employers Liability Act - Misrepresentation To Gain Employment
Michigan Law Review
P applied for a position as switchman with the defendant company. Defendant company had a rule that no one should be employed over the age of 45. Employees who had reached the age of 65 were pensioned but this limit was extended in some cases to 70. To gain employment, P, who was 49, represented that he was 38. He was accepted, and worked for 7 years when he was injured through defendant's negligence while engaged in interstate commerce. Held, his misrepresentation to gain employment did not bar recovery under the Federal Employers Liability Act, it not appearing that …
Banks And Banking - Statutory Liability Of Directors Of Insolvent Bank For Issuing Renewal Certificate Of Deposit
Michigan Law Review
The plaintiff renewed certain certificates of deposit with the defendant bank. When each renewal was issued the bank was "unsafe or insolvent," and the directors knew or had good reason to know it to be so. This was not the situation when the original certificates were issued. The plaintiff based his right of recovery from the directors of the bank upon Gen. Stat. 1923 (2 Mason, 1927) sec. 10407, which makes it a penal offense for the officers or directors of a bank to receive deposits knowing the bank is "unsafe or insolvent." Plaintiff recovered in the lower court. Held …
Torts - Negligence - Res Ipsa Loquitur As Applied To Foreign Matter In Foods
Torts - Negligence - Res Ipsa Loquitur As Applied To Foreign Matter In Foods
Michigan Law Review
The defendant manufactured and sold through a retailer a loaf of bread to the plaintiff's mother. The plaintiff, while eating the bread, saw a larva, five-eighths of an inch long in a slice she was about to eat, as a result of which she became sick. Held, on appeal, there was no error by the lower court in directing a verdict for the defendant on the ground that the plaintiff gave no sufficient proof of negligence, which was the basis of her action, and that negligence could not be presumed from the circumstances stated. Swenson v. Purity Baking Co. …
Crimes-Larceny-By Wife From Husband
Crimes-Larceny-By Wife From Husband
Michigan Law Review
A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).