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Torts

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1931

Injuries

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Full-Text Articles in Law

Torts-Automobiles-Statute Limiting Liability To Gratuitous Passengers Jun 1931

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 …


Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner Jun 1931

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. …


Conflict Of Laws-Foreign Tort-Survival Of Action May 1931

Conflict Of Laws-Foreign Tort-Survival Of Action

Michigan Law Review

Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …


Torts-Negligence-Duty To A Seen Trespasser-Child Trespassers Feb 1931

Torts-Negligence-Duty To A Seen Trespasser-Child Trespassers

Michigan Law Review

The defendant was hired by the owner of some waste land to cut down a tree. The land was unfenced and the children of the neighborhood used. it as a playground, although they had no license to do so. When the cutting of the tree began, a crowd of children gathered, and though driven away they returned. With but one root remaining the defendant cut it without further warning, and the infant plaintiff was injured by the falling tree. The trial court found that the defendant was guilty of negligence; that this negligence was the proximate cause of plaintiff's injury; …


Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff Jan 1931

Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff

Michigan Law Review

A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-