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Admiralty-Jurisdiction-Workmen's Compensation
Admiralty-Jurisdiction-Workmen's Compensation
Michigan Law Review
The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Michigan Law Review
This case was an administrator's action to recover damages for the death of the plaintiff's intestate who was struck by an automobile operated by the defendant. There were no eyewitnesses other than the decedent and the defendant. On trial the plaintiff introduced evidence of the defendant's negligence, but under the circumstances of the case, was unable to introduce affirmative evidence that the decedent was free from contributory negligence. Held, one judge dissenting, that there was no presumption that the decedent exercised due care, and therefore, the non-suit granted by the lower court was affirmed. Kotler v. Lalley (Conn. 1930) …