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Articles 151 - 155 of 155
Full-Text Articles in Law
Federal Procedure-Removal Jurisdiction-Jurisdictional Estoppel, Paul M.D. Harrison S.Ed.
Federal Procedure-Removal Jurisdiction-Jurisdictional Estoppel, Paul M.D. Harrison S.Ed.
Michigan Law Review
Respondent sued petitioner, a Florida corporation, the Indiana Lumbermen's Mutual Insurance Company, an Indiana corporation, and Joe Reiss, a citizen of Texas, in a Texas state court. The complaint asked for relief in the alternative for a fire loss suffered by respondent On the joint petition of the two corporate defendants, the case was removed to the federal court under section 1441(c) of the United States Judicial Code. Respondent unsuccessfully moved to remand the case, and, after trial of the case to a jury, a judgment in favor of the respondent was awarded against the petitioner alone. Petitioner's motion to …
Municipal Corporations-Tort Liability Of Municipality For Injury Caused By Neglect To Perform Mandatory Duty, J. S, Ransmeier S.Ed.
Municipal Corporations-Tort Liability Of Municipality For Injury Caused By Neglect To Perform Mandatory Duty, J. S, Ransmeier S.Ed.
Michigan Law Review
By statute the State of New Jersey imposed upon every New Jersey municipality the obligation to insure the drivers of municipal motor vehicles against liability for damages resulting from the operation of such vehicles. The Township of Lyndhurst neglected to procure insurance in favor of plaintiff, and a personal judgment was recovered against him for his negligent operation of a township fire truck while in pursuance of his municipal duties. Plaintiff brought the present action to recover from the municipality for its breach of the statutory obligation. Judgment below was for defendant. On appeal, held, affirmed, three justices dissenting. …
Negligence-Foreseeability As A Limitation On Liability, Frank Bowen Jr.
Negligence-Foreseeability As A Limitation On Liability, Frank Bowen Jr.
Michigan Law Review
Plaintiff's truck broke down on the road. Another truck driver, attempting to pass plaintiff's truck, became mired beside it, and the two trucks blocked the road. While plaintiff lay under his truck attempting repairs, a bulldozer operated by the defendant approached the two trucks from the rear." The driver of the second truck signaled the defendant to push his, the mired truck, but the defendant, mistaking the signal, pushed plaintiff's truck, causing it to run over plaintiff's legs. The defendant had not seen the plaintiff beneath the truck. The issue of defendant's negligence was submitted to the jury, and verdict …
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Property-Mechanics' Lien-Validity Against Non-Contracting Co-Owner, Howard Van Antwerp S.Ed.
Michigan Law Review
A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics' lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics' lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Michigan Law Review
Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …