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Full-Text Articles in Torts
Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.
Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.
Maryland Law Review
No abstract provided.
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …
Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton
Michigan Law Review
Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Michigan Law Review
Plaintiff, while driving an automobile through a tunnel, collided with defendant's truck, which was stopped without lights. The Pennsylvania Vehicle Code requires an operator to drive at such a speed as will enable him to stop within the "assured clear distance ahead." Plaintiff alleged he was temporarily blinded by the sudden change from bright sunlight to the darkness of the tunnel. The jury found for plaintiff, but defendant's motion for judgment n. o. v. was granted. On appeal, held, affirmed, one justice dissenting. Plaintiff's failure to stop his automobile within the assured clear distance ahead constituted contributory negligence as …
Negligence-Duty Of Care-Pedestrian Crossing Between Cars Of A Train, Joseph M. Kortenhof
Negligence-Duty Of Care-Pedestrian Crossing Between Cars Of A Train, Joseph M. Kortenhof
Michigan Law Review
While attempting passage between cars of a train which was obstructing a public crossing in violation of a statutory time limit, plaintiff was severely injured when the train was set into motion without warning. Plaintiff testified that he did not see the engine of the train since it was at the end of a long string of cars. The trial court excluded plaintiff's evidence that for thirty years it has been the custom of the town's inhabitants to cross between the cars of a train which was blocking a public crossing. Upon completion of plaintiff's case, the trial court sustained …
Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.
Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.
Michigan Law Review
Husband was driving his wife and another passenger from work when, due to a combination of the negligence of the husband and that of the defendant, a collision occurred resulting in the death of the wife. Plaintiff as administrator of the wife brought an action under the Death Act against the defendant to recover damages for the minor children of the deceased to the support of whom the deceased had contributed. The trial court directed a verdict in favor of the defendant on the ground that the contributory negligence of the husband as driver was imputed to the wife as …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …