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Articles 1 - 16 of 16
Full-Text Articles in Transportation Law
Motor Vehicles And Transportation
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Michigan Law Review
A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …
Carriers - Motor Carrier Act Of 1935 - Issuance Of Certificates Of Convenience And Necessity, William H. Hillier
Carriers - Motor Carrier Act Of 1935 - Issuance Of Certificates Of Convenience And Necessity, William H. Hillier
Michigan Law Review
Applicant petitioned the Interstate Commerce Commission for a certificate of public convenience and necessity to operate a transcontinental bus line, claiming that it offered a distinct type of low-cost service, that by so doing it attracted a portion of the travelling public not served by other carriers, that its through-trip features were a special convenience to its passengers, and that meals en route were included in its fare charges, which were slightly lower than those of existing carriers. The protesting carriers claimed that existing bus facilities could amply handle all of applicant's traffic, that competition in the motor bus field …
Chattel Mortgages-Mechanics' Liens-Priorities
The Motor Vehicle Registration Act As A Limitation On The Chattel Mortgage Recording Act, John M. Davis
The Motor Vehicle Registration Act As A Limitation On The Chattel Mortgage Recording Act, John M. Davis
Washington Law Review
Because motor vehicles are so easily moved from place to place, and because of the intricacies of successive security transactions in relation to them, it has become expedient to provide for a more adequate method of ascertaining the title to any given motor vehicle than the chattel mortgage recording act provides. In the absence of a title registration act giving the same force and effect to certificates of title for motor vehicles as that given to similar certificates under a Torrens system of land registration, in many instances a purchaser cannot be certain he is buying a clear title without …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Statutes - Interpretation - Application Of Venue Statute To Owners Of Forms Of Transportation Unknown At The Time Of Its Enactment, Michigan Law Review
Statutes - Interpretation - Application Of Venue Statute To Owners Of Forms Of Transportation Unknown At The Time Of Its Enactment, Michigan Law Review
Michigan Law Review
An Iowa venue statute passed in 1872 provided that "an action may be brought against any railway corporation, the owner of stages, or other line of coaches or cars . . . in any county through which such road or line passes or is operated." A damage action was brought against petitioner in a county through which its truck line regularly operated. Petitioner moved for a change of venue to the county where its principal office was located. The motion was overruled and petitioner tested the validity of the ruling in an action in certiorari. Held, a common carrier …
Negligence - Causation - Failure To Sign License, Michigan Law Review
Negligence - Causation - Failure To Sign License, Michigan Law Review
Michigan Law Review
A New Hampshire statute provided that a motor vehicle operator's license should not be valid until endorsed on the margin by the operator. In a negligence action arising out of an automobile collision it was shown that defendant operator's license had not been endorsed. Plaintiff requested the court to charge that defendant's license was not valid and that defendant's violation of the statute was a legal cause of the accident, entitling plaintiff to recover unless found guilty of contributory negligence. Held, that defendant's failure to endorse his signature was not such a statutory violation that plaintiff could take advantage …
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Michigan Law Review
Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.
Limiting Highway Access, Robert R. Bowie
Auto Owner's Liability For Injury Caused By Guest Permitted To Drive - Powers V. State, Use Of Reynolds
Maryland Law Review
No abstract provided.
"Boulevard Stop" Streets In Maryland - Greenfeld V. Hook
"Boulevard Stop" Streets In Maryland - Greenfeld V. Hook
Maryland Law Review
No abstract provided.
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Michigan Law Review
Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …
Automobiles -Violation Of Parking Statute, Michigan Law Review
Automobiles -Violation Of Parking Statute, Michigan Law Review
Michigan Law Review
Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …