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Negligence-Contributory Negligence-Customary Violation Of Statute By Defendant As Bearing On Issue Of Plaintiff's Contributory Negligence, James A. Sprunk
Negligence-Contributory Negligence-Customary Violation Of Statute By Defendant As Bearing On Issue Of Plaintiff's Contributory Negligence, James A. Sprunk
Michigan Law Review
Plaintiff's empty truck, proceeding uphill, collided on plaintiff's side of the road with defendant's loaded truck which was traveling in the opposite direction. Both trucks were engaged in the same road-surfacing project. The road had a washout on defendant's side. Defendant's answer alleged that there was an established custom under which drivers of empty trucks yielded the right of way to drivers of loaded trucks when about to meet in a narrow or defective place in the highway; that defendant relied upon such custom which plaintiff failed to observe; and that the plaintiff's failure to observe the custom constituted contributory …
Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea
Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea
Michigan Law Review
Defendant issued a membership certificate to one Flowers providing for payment of $5000 in case of accidental death or $500 in case of death due to heart disease. Later Flowers was injured in an automobile accident and died an hour afterward. The beneficiary submitted proofs of loss, including a statement of a physician that death was caused by "coronary thrombosis. Shock from auto accident about one hour before death." Defendant sent to the beneficiary a draft for $500 clearly stating on its face that the endorsement of the check would be a settlement in full. After cashing the check, the …
Insurance-Automobile Liability-Meaning Of "Permission" In Omnibus Clause, A. E. Anderson S.Ed.
Insurance-Automobile Liability-Meaning Of "Permission" In Omnibus Clause, A. E. Anderson S.Ed.
Michigan Law Review
Plaintiff's car was damaged in a collision with a truck driven by W, owned by M, and insured in the name of M by defendant. The policy contained an omnibus clause extending coverage to "any person legally using or operating the ['motor vehicle] with the permission, express or implied, of such owner." S had general charge of the truck, as an employee of M, and had previously used it for his own purposes to the knowledge of M, who made no objection. At the time of the accident, S was returning from a tavern with W …