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Articles 1 - 10 of 10
Full-Text Articles in Law
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray
Michigan Law Review
Release from Liability for Death by Wrongful Act; The Power of a City to Acquire or Build Subways; Constitutionality of Legislation Designating Time and Manner of Payment of Wages; Priority in Bankruptcy Between Wage Claims and Valid Liens;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …
The Harter Act And Its Limitations, I. L. Evans
The Harter Act And Its Limitations, I. L. Evans
Michigan Law Review
Prior to 1893 vessel owners attempted to limit their liability by inserting restriction clauses in bins of lading. These stipulations were recognized and upheld by the English courts, but not to so great an extent by the American courts. This attempted limitation of liability by shipowners led up to the passage of the so-called "Harter Act," February 13, 1893.
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Michigan Law Review
State Regulations Affecting Interstate Commerce; Rules of Procedure and Substantive Law Governing the United States Court for China; What Is Interstate Commerce?; Waiver of Conditions in Insurance Policy by Knowledge of Agent Where Policy Attempts to Provide the Only Way in Which Waiver Shall Take Place; The Right of a Trustee in Bankruptcy to Sue for Injuries to the Bankrupt's Property;
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Michigan Law Review
When Mr. Justice Nelson, in the New Jersey Steam Navigation Company v. Merchants' Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
Michigan Law Review
When the difficulties of the subject are fairly weighed it is not surprising that the problem of the basis by which the reasonableness of railroad rates may be tested continues to await a definite solution by the courts. The Interstate Commerce Commission has confessed its inability at present to decide upon those larger aspects of the question which arise when general schedules are under consideration. In its Annual Report for 1903, the Commission made appeal to Congress that provision be made, whether independently of the Commission or by an enlargement of its powers, for an authoritative valuation of railway property. …
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Michigan Law Review
The Work of the Commissioners on Uniform State Laws; Some Difficulties of Code Pleading; Applicability of Ordinances to the Distribution of Liquors by Social Clubs; Capias in Execution Without Prior Order or Arrest; The Degree of Care Required in the Operation of a Scenic Railway; Who Can Complain of Ultra Vires Acquisition of Real Estate by a Corporation?; The Heinrich Brunner Memorial;
The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler
The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler
Articles
The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …
Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland
Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland
Articles
Limitation of a Carrier's Liability for Negligence.-This is one of the subjects which never seems to be set at rest. In making contracts, shipper and carrier do not stand upon an equality. The shipper cannot exist without the aid of the carrier, but the carrier can easily forego the business of any particular shipper. Hence the ordinary rules of contract fail in many respects to meet the demands of the situation. To properly define the limitations necessary to be placed upon these rules is not an easy task.