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Articles 1 - 4 of 4
Full-Text Articles in Law
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Michigan Law Review
A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Michigan Law Review
Two weeks after burial of deceased, report was received of analysis of contents of the stomach, indicating death by poisoning. The coroner desired to hold an inquest for further investigation five weeks after burial, and sought to exhume the body for that purpose. The husband of the deceased sought to enjoin the exhumation. Held, the body may be exhumed. Sejrup v. Shepard, (Minn. 1937) 275 N. W. 687.
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Michigan Law Review
Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Michigan Law Review
A recent case, Anderson v. Jersey Creamery Co., invokes a discussion of the problems of judicial knowledge particularly as it is pertinent to cases involving medical science. This was an action under the Survival Act for electrocution of defendant's employee, who, while working in a wet truck, came in contact with a charged conduit. To maintain the action it was necessary to show that the death was not instantaneous. The father of the deceased testified that he saw his son's face twitch and fingers move while resuscitation was being attempted with a pulmotor. The plaintiff produced no medical testimony …