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Articles 1 - 12 of 12
Full-Text Articles in Law
Admiralty - Collision - Last Clear Chance, Erik Stapper
Admiralty - Collision - Last Clear Chance, Erik Stapper
Michigan Law Review
The City of Calcutta anchored in the navigation channel as an emergency precaution on a foggy night. The vessel was hit by a scow in tow of the tug Brooklyn, whose navigator had observed the anchored ship for ten minutes. The scow sank and its owner sought to hold the City of Calcutta liable for failure to get underway after the fog had lifted. Held, libel dismissed. Even if the Calcutta was remiss in not moving, no liability could attach because the Brooklyn had the last clear chance of avoiding the accident. Arundel Corp. v. The City of …
Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel
Admiralty - Unseaworthiness - Recovery For Injuries Resulting From Condition Arising After Commencement Of The Voyage, John L. Peschel
Michigan Law Review
Plaintiff, a member of the crew of a fishing vessel, sustained injuries while disembarking when he slipped on a slimy substance on the ship railing. In an action brought against the shipowner, the seaman sought recovery on three alternative grounds: first, under the Jones Act based upon negligence; second, under general maritime law based upon the obligation of the shipowner to furnish a seaworthy vessel; third, under general maritime law for maintenance and cure. Judgment was entered pursuant to a verdict limiting the seaman to recovery for maintenance and cure. On the seaman's appeal from the adverse verdict on the …
Torts - Libel And Slander - Absolute Privilege For Press Release Of Lower Federal Officer, James S. Leigh S.Ed.
Torts - Libel And Slander - Absolute Privilege For Press Release Of Lower Federal Officer, James S. Leigh S.Ed.
Michigan Law Review
Respondents, former employees of the Office of Rent Stabilization, brought a libel action against petitioner, the acting director of the office. The alleged libel was contained in a press release issued by petitioner in which he announced his intention to suspend respondents because of acts for which the office had been severely criticized by the Senate and press. The district court instructed the jury to find for plaintiffs if the release was defamatory. On appeal from judgment for plaintiff, the Court of Appeals for the District of Columbia affirmed. On certiorari, the United States Supreme Court remanded for consideration of …
Admiralty - Limitation Of Liability - Right Of Vendor Of Chattel To Limit Liability, Bruce L. Bower S.Ed.
Admiralty - Limitation Of Liability - Right Of Vendor Of Chattel To Limit Liability, Bruce L. Bower S.Ed.
Michigan Law Review
The United States sold a steam tanker to S corporation and S delivered the vessel to T corporation for repairs. While it was moored at T's pier there was an explosion on board which caused extensive damage to the vessel and killed or injured fifty-two persons. T filed a libel against the United States alleging that at the time of the sale to S the United States also had sold, by a separate contract, a quantity of oil located in the vessel. The libelant further alleged that the United States, having represented the oil to be of one type …
Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.
Real Property - Mortgages - Liability Of Mortgagee Of Lessee's Term For Rent, Michael B. Lewiston S.Ed.
Michigan Law Review
Respondent leased a building to South Texas Kitchens, Inc., for a term of five years. The lessee became indebted to petitioner and, being unable to meet this obligation, transferred its business assets and lease to petitioner as security. Petitioner was authorized to manage the business and to apply all proceeds to discharge the indebtedness, the transfer to terminate when the debt was fully paid. Petitioner went into possession of the premises and operated the business for about six months, paying the rent during that period. It then vacated the property and ceased making rental payments. Respondent sued petitioner and the …
Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.
Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.
Michigan Law Review
Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …
Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed.
Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed.
Michigan Law Review
Decedent Schuster supplied information to the police which led to the arrest of the notorious Willie "The Actor" Sutton. After decedent's part in the arrest was widely publicized he received threats against his life. He demanded police protection, which was denied on a belief that the threats were not seriously made. Three weeks later the decedent was shot and killed by an unknown assailant. Plaintiff, administrator of decedent's estate, sued the defendant city to recover damages for wrongful death. The supreme court dismissed the complaint, and the appellate division affirmed. On appeal, held, reversed, three judges dissenting. The complaint …
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Michigan Law Review
A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.
Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding
Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding
Michigan Law Review
Plaintiff, suffering from bursitis in the right shoulder, received X-ray treatments from defendant physicians. Subsequent thereto, plaintiff's shoulder began to itch, scab, and blister for several years, a condition diagnosed as chronic radiodermatitis caused by the X-ray therapy. Approximately two years after the treatments, plaintiff was examined by a dermatologist who advised her to have her shoulder checked every six months because the area might become cancerous. Plaintiff then developed a severe "cancerphobia," an apprehension that she would ultimately develop cancer from the radiation burn. Plaintiff brought a malpractice suit against defendant physicians, seeking recovery for the physical injury and …
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Michigan Law Review
Defendant, lessor of a delivery truck, agreed with the lessee to maintain the vehicle in good condition and make regular inspections. The lessee's driver was not to make any repairs or adjustments but was to deliver the truck to the lessor as it needed repairs or as requested for inspection. Two years after the lease was made, plaintiff-driver made a written request to the lessor for repairs to the floor in the driver's compartment. Although plaintiff left the truck overnight with the lessor and made several further requests, the floor was not repaired. One month after notifying the lessor, plaintiff …
Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee
Trial Of Legal Issues In Injunction Against Tort, Edgar N. Durfee
Michigan Law Review
This essay appeared in a casebook on Equitable Remedies that was used for years in mimeographed form at the University of Michigan Law School. It was never prepared for final publication by Professor Durfee himself, but the numerous changes made in his own personal copy indicate that he had given much thought to the subject. Professor John P. Dawson who had collaborated with Professor Durfee has incorporated these changes in the present text. More changes might have been made by Professor Durfee if he had planned to publish it. The editors believe that as it stands it deserves a wider …
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
Michigan Law Review
It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.