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Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Plaintiff's intestate purchased from Montgomery Ward & Company a gas water heater which had been manufactured by a third party. The heater was installed by defendant Rulane Gas Company. It worked satisfactorily for fourteen months until the flame went out due to unknown causes. Deceased notified the defendant, and sixteen hours later it sent a repairman to investigate the trouble. He descended to the basement with deceased and struck a match in disregard of a warning not to do so. An explosion followed in which both deceased and the repairman were killed. Investigation showed that the "automatic cut-off" valve was …
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Michigan Law Review
Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Michigan Law Review
Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Michigan Law Review
Plaintiff and the deceased were operating an airplane commercially. Plaintiff had purchased the plane, and was paying the deceased $25 per week plus half of the profits of the venture. The deceased acted as pilot, and was instrumental in obtaining business. Plaintiff took out insurance on the plane, and also on the life of the deceased, although their only relationship was through the joint venture. The plane was wrecked and the deceased was killed while on company business. The claim for the plane was paid, but the defendant refused to pay on the life insurance policy, claiming that the plaintiff …