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Full-Text Articles in Law

Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed. Jun 1957

Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.

Michigan Law Review

Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …


Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr. Jun 1957

Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.

Michigan Law Review

Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …


Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff Apr 1957

Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff

Michigan Law Review

Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.


Lecht: Experience Under Railway Labor Legislation, Sylvester Petro Apr 1957

Lecht: Experience Under Railway Labor Legislation, Sylvester Petro

Michigan Law Review

A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.


Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss Jan 1957

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss

Michigan Law Review

In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …


Torts - Guest Statute - Carpools, Ross Kipka S.Ed. Jan 1957

Torts - Guest Statute - Carpools, Ross Kipka S.Ed.

Michigan Law Review

Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …