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Full-Text Articles in Law
Torts-Liability Without Fault
Michigan Law Review
The defendant operated a lawful dry cleaning business employing a very inflamable liquid (varnolene) as a cleaning agent. Through no negligence on the part of the defendant, a considerable amount of varnolene escaped into the drain and found its way to a creek which ran behind the defendant's premises. Here the varnolene was ignited by sparks from a back-firing gasoline engine operated on adjacent property by a third party. The fire spread downstream and damaged a building belonging to the plaintiff. Held, the plaintiff was not entitled to recover. Kaufman v. Boston Dye House, (Mass. 1932) 182 N. …
Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action
Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action
Michigan Law Review
Plaintiff brought his action to recover taxes paid under protest September 21, 1920. The tax was levied under the Revenue Act of 1918 on certain whiskey belonging to the plaintiff and stored in a government warehouse, which it was claimed had been withdrawn for beverage purposes. In his first petition, filed July 26, 1924, the plaintiff alleged that no tax was due because the liquor, while in exclusive control of the government and without fault of the plaintiff, was destroyed by fire. Two amended petitions were filed, one on February 28, 1927, and the other on September 22, 1928, in …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Articles
In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …