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Articles 10921 - 10950 of 12806
Full-Text Articles in Entire DC Network
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Infants-Liability On Tort Arising Out Of Contract
Infants-Liability On Tort Arising Out Of Contract
Michigan Law Review
Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance
Michigan Law Review
L. let a building to T. with the provision in the lease that if the premises should be rendered unfit for occupancy by reason of fire or other casualty, L. would rebuild the same at his own expense. Subsequently the city council passed a building code prohibiting the rebuilding of a structure destroyed more than sixty per cent by fire. The building in this case was almost entirely destroyed by fire and L. was refused a permit to rebuild. Previous to the refusal of the commissioner to grant a permit, T. had preferred L. the monthly rent which L. had …
Negligence-Proximate Cause
Michigan Law Review
Defendant automobile driver, stopping his car between a line of parked motor cars and some street car tracks, opened the door on the left side of the automobile, with the result that the handle bar of plaintiff's bicycle struck the edge of the car door and plaintiff was thrown to the ground and injured. In the supreme court of Wisconsin, in an opinion containing, among other interesting features, model instructions for juries in the trial courts, it was held that liability for consequences of negligent acts is not limited to probable consequences but may attach to unforeseeable and improbable consequences. …
Taxation-Retrospective Succession Tax On Trust Remainder
Taxation-Retrospective Succession Tax On Trust Remainder
Michigan Law Review
The settlors voluntarily placed property in trust, the income from which was to be paid to them during their lives, the corpus to be divided upon the surviving settlors' death, among their sons, or if any son predeceased the survivor, among those persons entitled to take his intestate property. Subsequently the settlors assigned their life interest to the sons; this conveyance, however, in the case of Coolidge v. Loring, 235 Mass. 220, 126 N.E. 276, was held ineffectual to eliminate the possible effect of the contingency of any son predeceasing the surviving settlor. Between the execution of the deed …
Taxation-Situs Of Documents For Stamp Tax
Taxation-Situs Of Documents For Stamp Tax
Michigan Law Review
A South Carolina corporation had established credit with certain banks domiciled in other states, and, whenever a loan was desired, had executed a note payable to and at the out-of- state bank. The notes were mailed to the bank subject to withdrawal and revocation by the corporation, until actually received and accepted by the bank. When paid the notes were cancelled and returned to the corporation. A state tax collector ascertained that no stamp tax had been paid on these notes as required in South Carolina Acts of 1928, c. 574, sec. 1, and threatened to levy on the property …
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers
Michigan Law Review
In her declaration, plaintiff alleged that while she was riding as a gratuitous passenger in defendant's automobile, she was injured as a consequence of defendant's gross negligence in permitting a person known by him to be incompetent to drive the automobile; that by reason of the incompetence of the driver, the car went into a ditch, causing the injury complained of. The defendant moved to dismiss the declaration on the ground that it did not charge actionable gross negligence and that the defendant was not liable for mere negligence under a Michigan statute. Held, that the declaration should be …
Torts-Last Clear Chance Doctrine-Position Of Peril
Torts-Last Clear Chance Doctrine-Position Of Peril
Michigan Law Review
The trial court refused to give an instruction to the effect that "if the jury believed that the decedent, by her own negligence, had placed herself in a position of peril, and the defendant saw and realized her condition in time to avoid the accident by the exercise of ordinary care, but failed to do so, the defendant was solely responsible for her death." Held, that the instruction was rightly refused. Sadler v. Benson (Cal. App. 1930) 293 Pac. 126.
Trusts-Accumulations-Possibility Of Remoteness
Trusts-Accumulations-Possibility Of Remoteness
Michigan Law Review
Testator left his realty in trust to apply the net income, after the payment of certain expenses, eighty per cent to the use of a charity and certain persons, the other twenty per cent to a sinking fund "to restore, replace or make major improvements or additions to the buildings and improvements" of that realty. The income from the accumulated fund was to be paid to the charity; the principal expended at such times as the trustees deemed necessary. It was claimed the provision for this fund constituted an unlawful direction to accumulate income. Held, that income applied to …
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Plaintiff, an employee of a laundry of which the legal title was held in trust, was injured by an unguarded machine. The trustee was sued in tort in his representative capacity. There was no evidence as to whether the trustee himself or some agent was directly responsible for the condition of the premises. Held, the judgment of the lower court, directing that the plaintiff be paid out of the assets of the trust estate, was correct. Where the trustee is charged with the duty of carrying on a business the trust estate may be held liable for the negligence …
Wills-Interpretation-Divide And Pay Over Rule-Legacies Chargeable On Land
Wills-Interpretation-Divide And Pay Over Rule-Legacies Chargeable On Land
Michigan Law Review
The testator devised his realty to his widow for life with remainder to his son subject to the conditions that within one year after the death of the life tenant the son pay the testator's two daughters (naming them) $2,000 each. One of the daughters predeceased the life tenant, dying intestate and unmarried. The life tenant assigned to the surviving daughter all that she had inherited from the deceased daughter. Held, the assignment did not pass the $2,000 legacy to the deceased daughter. In re Phearman's Estate (Iowa 1930) 232 N.W. 826.
Copyrights-Radio Reception As Performance Witein Copyright Act
Copyrights-Radio Reception As Performance Witein Copyright Act
Michigan Law Review
By means of a master receiving set under its operation, and loudspeakers controlled by the guests, installed in its rooms, defendant hotel company made available the hearing of a copyrighted musical composition which had been broadcast. Neither the radio station nor the hotel was authorized to perform it. In a suit against the hotel company for alleged infringement of the copyright, relief was denied on the ground that reception did not constitute a performance within the meaning of the Copyright Act. The case was appealed and that question was certified to the Supreme Court. Held, that reception was essentially …
Courts-Removal Of Causes-Jurisdictional Amount
Courts-Removal Of Causes-Jurisdictional Amount
Michigan Law Review
Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …
Mortgages - Effect Of Extension Of Time To Mortgagor
Mortgages - Effect Of Extension Of Time To Mortgagor
Michigan Law Review
The mortgagor sold part of the mortgaged premises to Morgan and Peters, who assumed the mortgage and agreed to pay the debt. They in turn resold to Jones and Dalton who also assumed the mortgage and agreed to pay the debt. The remainder of the mortgaged premises was sold by the mortgagor to Bursell under a warranty deed free from all incumbrances. The mortgagee at the request of the mortgagor and of Jones and Dalton but without the knowledge of Morgan and Peters extended the time of payment five years. The mortgage remaining unpaid at the end of that time, …
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Michigan Law Review
The petitioner sold a truck under an unrecorded contract which provided that title was to remain in him until the buyer made full payment, and that in event of default the whole sum was to become due immediately with the right of reclamation. The buyer subsequently went into bankruptcy and the seller petitioned for reclamation of the truck from the trustee. Held, that since the contract under the Michigan rule constituted a chattel mortgage so that failure to record it made it ineffective against creditors, the petition should be denied. In re Central States Freight Corporation (E. D. Mich. …
Vendor And Purchaser-Vendee's Lien-Failure Of Title
Vendor And Purchaser-Vendee's Lien-Failure Of Title
Michigan Law Review
The vendee of a contract for the sale of land discovered that there was great doubt as to whether the buildings were within the bounds described in the contract and whether there were encroachments. Alleging that these defects could not be corrected, he brought a bill in equity seeking cancellation of the contract and praying for a lien upon the lands for the money paid and the expenses incurred. The vendor counter-claimed for specific performance. Held, where the purchaser properly invokes the jurisdiction of the court and where it would be inequitable to compel specific performance, so far as …
Workmen's Compensation Acts-Gratuitous Help As Casual Employment
Workmen's Compensation Acts-Gratuitous Help As Casual Employment
Michigan Law Review
The plaintiff, a farmer living by the side of a public highway, went to the assistance of the defendant's truck driver whose truck was mired on the highway. The driver had been instructed to get help. While pulling out the truck with a tractor the plaintiff was injured. Held, the plaintiff was an employee of the defendant, and as such his remedies under the Workmen's Compensation Act were exclusive. Johnson v. Wisconsin Lumber and Supply Co. (Wis. 1931) 234 N.W. 5o6.
Negligence-Attractive Nuisance-Ponds
Negligence-Attractive Nuisance-Ponds
Michigan Law Review
The eleven year old son of the plaintiff was drowned by falling from a raft into a pond located upon the defendant's water-works property immediately adjacent to a public bathing beach. The pond was undeniably attractive to children and was left without guards, notices, or protection, and there was no clear indication where the public beach ended and the city property began. The lower court held that this constituted an attractive nuisance, but it was held on appeal that the doctrine of attractive nuisance does not apply to ponds. Fiel v. City of Racine (Wis. 1930) 233 N.W. 611.
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Michigan Law Review
Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Torts--Fraudulent Misrepresentations-Expression Of Opinion
Michigan Law Review
On an exchange of property the defendant's agent, to induce the trade, fraudulently overvalued the defendant's property, and fraudulently undervalued certain taxes and assessments for which the plaintiff would be liable. Held, such statements by a vendor amounted to mere sales talk and opinion, and would be no basis for an action for fraud. Deshatreaux v. Batson (Miss. 1930) 131 So. 346.
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Michigan Law Review
The state of Massachusetts enacted statutes proposing to increase the amount of diversion of water from the Connecticut River for urgent use in Boston and the surrounding metropolitan area. The state of Connecticut brought an original action in the Supreme Court of the United States to enjoin such proposed diversion, alleging that it would impair the navigability of the river, reduce flood waters to the injury of river bottom lands accustomed to annual inundations, prevent Connecticut from disposing adequately of refuse, and cause other injuries to the plaintiff state. Massachusetts answered, stating that the proposed diversion was not to exceed …
Torts-Defective Trees-Duty Of Abutter
Torts-Defective Trees-Duty Of Abutter
Michigan Law Review
While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 29, Issue 8 of Michigan Law Review
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
Michigan Law Review
While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …
The Business Trust As A Means Of Securing Limited Liability
The Business Trust As A Means Of Securing Limited Liability
Michigan Law Review
Small investors are unwilling to risk their entire personal fortunes in one business venture, and for this reason refuse to participate in an enterprise unless they are assured that they will be free from individual liability for the obligations of the business. Such freedom from liability may be obtained by incorporation. That is the method especially provided by law and the one which most businesses adopt, but it has its disadvantages. The organization of a corporation involves heavy expenses in the form of lawyers' fees, filing fees and organization taxes. Once formed the corporation is subject to many. special taxes, …
Creditors' Rights In Equity
Michigan Law Review
There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Michigan Law Review
In an action in New York to establish a claim against a Russian insurance company on a policy payable in rubles in Russia, the following history of Russian money appeared. Before the revolution, the gold ruble of the Empire had been supplanted by a paper currency of depreciated value. The Soviets, at the beginning of their regime, instituted a paper currency which had also greatly decreased in value. At the time the policy became due, this latter currency was still circulating, and in addition, a gold coinage with notes redeemable in gold had been established. From time to time the …
Constitutional Law-Bank Guaranty Funds
Constitutional Law-Bank Guaranty Funds
Michigan Law Review
The plaintiff state bank sued to enjoin collection of special assessments under a state bank guaranty law providing for assessments on every bank to establish a fund to protect depositors in failed banks, on the ground that the statute authorizing the assessments had become void as being confiscatory. At the time suit was instituted, the assessments totaled six-tenths of one per cent of average daily deposits, but after an appeal was taken from the decision of the state court, dismissing the injunction granted by the district court, a new act reduced the assessments to two-tenths of one per cent, limited …
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Michigan Law Review
The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …