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- Negligence (4)
- Automobile accidents (2)
- Passengers (2)
- Truck (2)
- American Steel Foundries v. Tri-City Central Trade Council (1)
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- Assent (1)
- Associated Press v. National Labor Relations Board (1)
- Automobile Guest Cases (1)
- Automobile Law (1)
- Automobiles (1)
- Birdsall v. Duluth-Superior Transit Co. (1)
- California (1)
- Claims (1)
- Collisions (1)
- Contributory causation (1)
- Cycz v. Dugal (1)
- Death (1)
- Denton v. Midwest Dairy Products Corp. (1)
- Derailment (1)
- Duty of a Public Carrier (1)
- Employment Law (1)
- Evasion (1)
- Excavations (1)
- Fall (1)
- Financial responsibility (1)
- Five minutes (1)
- Fraud (1)
- Freight trains (1)
- Guest statutes (1)
- Hammond v. Monmouth County (1)
Articles 1 - 12 of 12
Full-Text Articles in Transportation Law
Wilful And Wanton Conduct In Automobile Guest Cases, John A. Appleman
Wilful And Wanton Conduct In Automobile Guest Cases, John A. Appleman
Indiana Law Journal
No abstract provided.
Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.
West Virginia Law Review
No abstract provided.
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Michigan Law Review
Before the advent of the "guest statutes," the decisions of all but a very few states recognized no degrees of negligence and measured the duty of the automobile host towards his non-paying guest by due care under all the circumstances-the "ordinary negligence" rule. In the few exceptional states, the decisions required the plaintiff to prove "gross," "wilful," or "wanton" negligence on the part of his host in order to maintain his action. And within the last decade nineteen states have adopted "guest statutes" which, with varying language, adopt the "gross negligence" rule. Since the rule of the lex loci delicti …
Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review
Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review
Michigan Law Review
Libelant through an agent purchased a steamship ticket to the West Indies. Neither libelant nor his agent had actual knowledge of a stipulation on the back of the ticket which required passengers to lodge a written notice of any claim against the steamship company within thirty days after termination of the voyage. All passengers were required to sign their tickets, but libelant failed to do so until the day after the cruise began. The district court dismissed a suit for personal injuries suffered while aboard the ship because of noncompliance with the limitation of the ticket. Held on appeal, reversing …
The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger
The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger
Indiana Law Journal
No abstract provided.
Public Utilities--Duty Of Carrier To Passenger During Transfer, G. G. B.
Public Utilities--Duty Of Carrier To Passenger During Transfer, G. G. B.
West Virginia Law Review
No abstract provided.
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Michigan Law Review
Under common-law principles a majority of courts require the motorist, who voluntarily undertakes to carry another gratuitously, to exercise the ordinary care of a reasonably prudent man in the management and operation of his automobile. The minority rule, by analogy to the gratuitous bailment cases, requires a person who invites another to ride gratis to use only slight diligence to avoid injury to that person and holds him liable for gross negligence. The minority view undoubtedly appeals to those who feel that it is unsportsmanlike to sue one's benefactor, and yet it is doubtful whether such a purely emotional foundation …
Nuisance Contributory Negligence As Defense, Michigan Law Review
Nuisance Contributory Negligence As Defense, Michigan Law Review
Michigan Law Review
Plaintiff brought action against the county for injuries sustained when his truck fell into an unlighted and unguarded excavation made by the county in the center of the highway for the purpose of repairing a culvert. Held, that defendant's act, though required by statute, was done in such a manner as to constitute active wrongdoing and a public nuisance, to which a plea of contributory negligence is no defense. Hammond v. Monmouth County, (N. J. S. Ct. 1936) 186 A. 452.
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Michigan Law Review
The deceased was fatally injured while riding as a guest in defendant's truck. In the course of the action for damages brought by the administratrix, the court instructed that "if you find from a preponderance of the evidence that the driver of the truck was guilty of willful and wanton misconduct . . . and that as a consequence thereof the accident occurred, and further, that such conduct contributed to the death of plaintiff's intestate," then the jury should find for the plaintiff. Verdict was for the plaintiff and defendant appealed. Held, that the instruction was erroneous because it …
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Michigan Law Review
Plaintiff was injured while riding on defendant's bus when it was struck by defendant's street car, the collision being caused by the derailment of the street car. It was not made clear on trial what was responsible for the derailment. Held, the defendant controlled both vehicles, the event was of a type which would not ordinarily occur if reasonable care were used, the injury to plaintiff was not due to any voluntary act on her part, so the jury could properly infer that the defendant was negligent under the doctrine of res ipsa loquitur. Birdsall v. Duluth-Superior Transit …
Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review
Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review
Michigan Law Review
Plaintiff was injured, when an automobile in which she was a passenger, was driven into a freight train standing across a highway on a misty night. This train had been obstructing the crossing for more than five minutes, in violation of a state statute. Plaintiff sued the railroad, alleging negligence in violating the statute. On appeal from a judgment for the plaintiff, held that plaintiff had made no case, and that the judgment should be reversed without a new trial, and with costs to the defendant. Simpson v. Pere Marquette Ry., 276 Mich. 653, 268 N. W. 769 (1936).
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Michigan Law Review
Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …