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Articles 1 - 12 of 12
Full-Text Articles in Law
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Torts - Licensees - Revocability Of License Granted By Theatre Ticket, Harry M. Nayer
Michigan Law Review
Plaintiff was forcibly ejected from defendant's theatre by defendant's employees and brought this action for damages for assault and battery. Defendant offered testimony attempting to justify the ejection on the ground that plaintiff was creating a disturbance. The trial judge instructed the jury that the question of plaintiff's conduct was immaterial and that a theatre owner could eject a patron at any time with or without cause. Held, that the instruction was erroneous. Despite the revocable character of the license granted by a theatre ticket a theatre owner does not have the right to eject a patron without cause. …
Admiralty - Uniformity Rule, William C. Whitehead
Admiralty - Uniformity Rule, William C. Whitehead
Michigan Law Review
From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Michigan Law Review
Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Michigan Law Review
Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Negligence - Assumption Of Risk - Necessity For Contractual Relation, Edward H. Schlaudt
Michigan Law Review
While walking behind defendant through woodland, plaintiff suffered an eye injury caused by the negligence of the defendant in bending over a small sapling and allowing it to fly back and strike plaintiff. Verdict and judgment were for plaintiff. Defendant moved for a directed verdict on the ground of assumption of risk, and appealed from a denial of the motion. Held, from the facts of the case, it cannot be ruled as a matter of law that the plaintiff knew and comprehended the danger which caused his injury and that he voluntarily exposed himself thereto, and, therefore, the judgment …
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Michigan Law Review
Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and …
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Michigan Law Review
Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Michigan Law Review
Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act …
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Michigan Law Review
Plaintiff brought suit to recover damages for injuries allegedly sustained because of the unsafe condition of a hotel building owned and operated by the defendant trustee. The trustee was an insolvent bank and trust company in the hands of the state superintendent of banks, who was also joined as defendant. The prayer was for a "judgment against the defendants in their fiduciary capacity toward the trust." On appeal of the lower court's judgment sustaining defendants' demurrer, held, that the trustee could be sued in his representative capacity. Carey v. Squire, 63 Ohio App. 476, 27 N. E. (2d) …
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Michigan Law Review
Plaintiff had been a famous child prodigy in 1910. For twenty-five years he had lived a secluded life. Then in a recent article in the "New Yorker" magazine his private life was completely exposed. Plaintiff sued, alleging a violation of his common-law right of privacy. Held, that the complaint should be dismissed on the ground that the public has a legitimate interest in "any person who has achieved, or has had thrust upon him, the questionable and indefinite status of a 'public figure.'" Sidis v. F-R Publishing Corp., (C. C. A. 2d, 1940) 113 F. (2d) 806.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Michigan Law Review
Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …