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Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Michigan Law Review
The State of New York has approved a statute, to go into effect July 1, 1953, which stipulates that any person who operates a motor vehicle or motorcycle in the state shall be deemed to have given his consent to chemical tests of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood. If such a person refuses to allow the tests, they will not be made, but the commissioner shall revoke his license or permit to drive, including the nonresident operating privilege. This is the first statute of its type and merits …
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiff sued in New York to recover for injuries sustained in a crash of an airplane owned and operated by the defendant. Plaintiff's pleading and proof relied upon general negligence and res ipsa loquitur, but after evidence of specific negligence was elicited upon cross examination of defendant's witness, plaintiff also used such specific negligence in argument to the jury. The defendant excepted to the jury instruction which gave the plaintiff the benefit of the res ipsa loquitur doctrine. Verdict was for the plaintiff. On appeal, held, the plaintiff was entitled to the benefit of the res ipsa loquitur doctrine, …
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Michigan Law Review
The complaint alleged that testatrix who had executed a will leaving her whole estate to defendants attempted to make a new will containing legacies to plaintiffs, but that by means of misrepresentations, undue influence, force, and murder, testatrix was prevented by defendants from signing the new will. On appeal from dismissal of the complaint for insufficiency, held, reversed. If the allegations of the complaint be taken as true, plaintiffs are entitled to a judicial declaration that defendants hold the property under a constructive trust for plaintiffs. Latham v. Father Divine, 299 N.Y. 22, 85 N.E. (2d) 168 (1949).
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Michigan Law Review
The business entry exception to the hearsay evidence rule has been prolific of legal literature and litigation. Originally the law regarded all business entries as inadmissible in evidence to prove the truth of the facts recorded. However, at early common law the shopkeeper could not himself testify to the truth of a transaction, since he was an interested party; and if he kept no clerk, or his clerk were unavailable, no one else could so testify. In response to this evidentiary dilemma there appeared a double-barreled exception to the hearsay rule; namely, that business entries by a party (The Shopbook …
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Michigan Law Review
Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."