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Full-Text Articles in Law
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish
Michigan Law Review
Defendants, professional consulting engineers, contracted with the city of Chattanooga to design a sewage system. As part of their performance of the contract they prepared a report of geological conditions which was to be distributed by the city to prospective bidders. Plaintiff, a tunneling subcontractor, had no dealings with the defendants, but did rely on their report in making its bid. Because one of defendant's draftsmen carelessly omitted pertinent geological information from the report, it took plaintiff three weeks longer to complete the work than had been anticipated. Plaintiff sued defendant for damages for misrepresentation; held, plaintiff may recover. …
Federal Jurisdiction-Federal Civil Procedure-Right To Jury Trial Of Seaman's Claim For Maintenance And Cure Where Joined With Claim Under Jones Act, Edwin A. Howe Jr.
Federal Jurisdiction-Federal Civil Procedure-Right To Jury Trial Of Seaman's Claim For Maintenance And Cure Where Joined With Claim Under Jones Act, Edwin A. Howe Jr.
Michigan Law Review
Plaintiff seaman, having been injured while in the employ of defendant shipowner, filed an action in federal district court. Plaintiff invoked the court's federal-question jurisdiction alone, under section 1331 of the federal Judicial Code. He alleged claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure, and demanded jury trial of all three counts. The trial court sustained the demand as to the first two counts, but ordered that the claim for maintenance and cure be tried to the judge alone, sitting as a court of admiralty. On appeal from the order denying jury trial …
Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure
Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure
Michigan Law Review
While loading grain aboard a ship, the petitioners, longshoremen, were injured when they inhaled noxious fumes from a shot of grain released into the vessel's hold, the grain having been treated with a chemical insecticide by unknown parties at an inland point. Petitioners brought suit against the city, which owned the grain elevators, and the shipowner, alleging, among other things, that the vessel was unseaworthy. The district court found the ship to be seaworthy, and the circuit court of appeals affirmed the judgment for the defendant. On certiorari the Supreme Court vacated the judgment and remanded the case to the …
Advocating The Rights Of The Injured, Benjamin Marcus
Advocating The Rights Of The Injured, Benjamin Marcus
Michigan Law Review
When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …