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Michigan Law Review

1950

Injury

Articles 1 - 3 of 3

Full-Text Articles in Law

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison Apr 1950

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …


Negligence-Last Clear Chance-Plaintiff's Ignorance Of Danger When He Is Not Ignorant Of The Instrumentality Which Causes His Injury, John Yates Mar 1950

Negligence-Last Clear Chance-Plaintiff's Ignorance Of Danger When He Is Not Ignorant Of The Instrumentality Which Causes His Injury, John Yates

Michigan Law Review

Plaintiff, a boy twelve years of age, was struck by a locomotive of defendant railroad and suffered severe injuries. Defendant engineer, who had noticed plaintiff walking toward the track, could have stopped the train when he first observed plaintiff but did not because he had seen plaintiff look over his shoulder at the approaching train. The train could not be stopped after plaintiff had stepped onto the track. Plaintiff admitted seeing the train when it was 400 feet distant and that he had miscalculated the time necessary to cross in front of it. On appeal from judgment against both defendants, …


Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr. Feb 1950

Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.

Michigan Law Review

An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …