Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Automobile accidents (4)
- Injuries (3)
- Deaths (2)
- Michigan (2)
- Negligence (2)
-
- Attorney General v. Corke (1)
- Booth v. Frankenstein (1)
- Breaches of contract (1)
- Bridges (1)
- Burkhardt v. Armour (1)
- Burns (1)
- Butler v. Jersey Coast News Company (1)
- Caravans (1)
- Caswell v. N. Y. C.R. R. (1)
- Cleaning agents (1)
- Connecticut (1)
- Constructive fraud (1)
- Corned beef (1)
- Cortes v. Baltimore Insular Line (1)
- Counties (1)
- Danger signs (1)
- Diamant v. Keane Higbie & Co. (1)
- Dry cleaning (1)
- Dynamite caps (1)
- Earle & Stoddart v. Ellerman's Wilson Line Ltd. (1)
- Erie R.R. v. Duplak (1)
- Excrement (1)
- False representations (1)
- Fault (1)
- Federal fire statute (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Michigan Law Review
The plaintiff hired Hilton, a private carrier, to drive her from Detroit to Ann Arbor. Hilton's car collided with a car driven by the defendant, both Hilton and the defendant being negligent. Held, that the plaintiff could recover, as the negligence of a private carrier for hire will not be imputed to a passenger riding in his conveyance. Three judges dissented; the four concurring judges refused to join Justice McDonald in his opinion expressly overruling the whole doctrine of Thorogood v. Bryan. Lachow v. Kimmich, 263 Mich. 1, 248 N. W. 531 (1933).
Torts - Principal And Agent - Liability For Negligent Driving
Torts - Principal And Agent - Liability For Negligent Driving
Michigan Law Review
Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Michigan Law Review
Through the negligence of the chief engineer in putting new coal on top of old coal in a temporary bunker the steamship Galileo was rendered unseaworthy at the time the voyage commenced, catching fire and sinking. The cargo was lost. The plaintiff, cargo owner, sued the owner-operator or the ship in the federal District Court for southern New York for breach of contract to deliver at destination. On certiorari to the Circuit Court of Appeals the Supreme Court held, in affirming the decree dismissing the libel, that the defendant was relieved from liability under the federal fire statute which …
Torts -Absolute Liability-"Rylands V. Fletcher"
Torts -Absolute Liability-"Rylands V. Fletcher"
Michigan Law Review
The defendant, owner of an 11 acre plot, licensed nomadic caravan dwellers to come on the field and live there. Approximately two to three hundred people were on the land. Some of the group deposited human excrement on the adjoining lands, allowed their horses to trespass upon and foul neighboring lands, were often noisy in returning to the land, and frequently trespassed upon the neighboring land in going to or leaving the plot. Held, in an action for public nuisance, that the defendant was bound to prevent the occupants of his land from committing the acts in question. An …
Torts-Liability Without Fault
Michigan Law Review
The defendant operated a lawful dry cleaning business employing a very inflamable liquid (varnolene) as a cleaning agent. Through no negligence on the part of the defendant, a considerable amount of varnolene escaped into the drain and found its way to a creek which ran behind the defendant's premises. Here the varnolene was ignited by sparks from a back-firing gasoline engine operated on adjacent property by a third party. The fire spread downstream and damaged a building belonging to the plaintiff. Held, the plaintiff was not entitled to recover. Kaufman v. Boston Dye House, (Mass. 1932) 182 N. …
Quasi-Contracts -- Sufficiency Of Technical Benefit
Quasi-Contracts -- Sufficiency Of Technical Benefit
Michigan Law Review
A brokerage house, the R. Co., having purchased stock on margin for the plaintiff, requested a payment of $1100 in order to protect themselves in carrying the account. Doubting the financial stability of R. Co. the plaintiff decided to transfer the account to another firm, the defendant, and accordingly delivered to R. Co. a personal check naming the defendant as payee, at the same time orally directing R. Co. to transfer the stock and check to the defendant and from them receive payment in full. R. Co., however, falsely represented that the check was really theirs and that the plaintiff …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Michigan Law Review
In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Sales-Breach Of Implied Warranty-Liability For Death
Sales-Breach Of Implied Warranty-Liability For Death
Michigan Law Review
The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Michigan Law Review
Plaintiff, personal representative of a seaman who was said to have died as a result of his employer's failure to provide proper medical attention at sea, sued the defendant-employer for the seaman's death. Judgment for the plaintiff having been reversed in the Circuit Court of Appeals on the ground that any cause of action abated with the death of the sailor, the case was brought before the Supreme Court of the United States on a writ of certiorari. Held that, under the Jones Act (Merchant Marine Act), the cause of action survived to the personal representative. Cortes v. Baltimore Insular …
Automobiles - Guest - Contributory Negligence
Automobiles - Guest - Contributory Negligence
Michigan Law Review
The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Michigan Law Review
Defendant's driver tried to pass plaintiff's car on an icy road and, solely because of his excessive speed under the prevailing conditions, the defendant's truck skidded off the road and into an electric light pole. The pole and attached wires fell to the ground and the defendant's driver was pinned beneath the overturned truck. Plaintiff rushed to the assistance of the driver, but, in so doing, became entangled in the highly charged wires and was severely burned. In a suit to recover for the injuries so sustained, it was held that plaintiff could recover from defendant. Butler v. Jersey Coast …
Torts -Attractive Nuisance
Michigan Law Review
Dynamite caps were left on the banks of a slush pit near defendant's gas well. Cultivated fields immediately around the pit were under lease to a Mr. Bradshaw whose small boy, trespassing upon defendant's pit, found the dynamite caps and showed them to his father who permitted the boy to play with them, thinking that the caps had been exploded. Later the Bradshaw boy gave them to plaintiff, aged five, who drove a nail into a cap which exploded and injured him. Evidence showed that there was a path near the slush pit, and that children frequently crossed the field …
Torts - Malicious Prosecution - Termination Of Previous Proceeding In Favor Of Plaintiff
Torts - Malicious Prosecution - Termination Of Previous Proceeding In Favor Of Plaintiff
Michigan Law Review
Plaintiff gave a note with power of attorney to confess judgment, to X who assigned to defendant. Plaintiff paid the note before maturity. On maturity, defendant got a judgment by confession and levied on plaintiff's property. Thereupon plaintiff asked the court to set aside the judgment, and a hearing was granted for the purpose, but the evidence showed that instead of proceeding to a hearing the parties agreed that defendant should mark the judgment satisfied. This was done. Plaintiff later sued for malicious prosecution. Held, that since the prior suit did not terminate in his favor plaintiff could not …
Torts -Trespassers - Statutory Non-Liability Of Railroads
Torts -Trespassers - Statutory Non-Liability Of Railroads
Michigan Law Review
Plaintiff, five years of age, was leaning over the edge of defendant's bridge, looking into a canal, when a train was backed into standing cars without warning, and plaintiff was injured. Children were accustomed to play on the bridge, despite the presence of "Danger - No Trespassing" signs. Plaintiff recovered judgment in the trial court, and the judgment was affirmed by the circuit court of appeals, but the Supreme Court of the United States held that the New Jersey statute section 55 of the Railroad Act, "negatived the attractive nuisance and implied invitation doctrines," and reiterated the so-called "Massachusetts Rule" …