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Full-Text Articles in Law

Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich Oct 1942

Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich

Michigan Law Review

The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within …


Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge Aug 1942

Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge

Michigan Law Review

The Rosenblum Truck Lines and Manhattan Truck Lines applied to the Interstate Commerce Commission for contract carrier permits under the so-called "grandfather clause" of the Motor Carrier Act of 1935. Prior to July 1, 1935, the applicants hauled only for common carriers by motor vehicle and, in each case, principally for a single common carrier. The freight so handled was always solicited by a common carrier and accumulated at its terminal. The applicants carried only the overflow freight, employing their own insurance and paying their own operating and maintenance costs. The Interstate Commerce Commission's finding that the applicants' equipment was …


Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr. Aug 1942

Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.

Michigan Law Review

Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of …


Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review Feb 1942

Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review

Michigan Law Review

The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …