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Full-Text Articles in Law
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …
Comparative Negligence, William L. Prosser
Comparative Negligence, William L. Prosser
Michigan Law Review
It is the purpose of this article to inquire, so far as possible, into the actual operation of the damage apportionment statutes, and to offer some conclusions as to the most desirable form of act for any legislature about to set forth upon these relatively uncharted seas.
Jurisprudence-Stare Decisis - Varying Force Of Precedent, Charles Myneder S.Ed.
Jurisprudence-Stare Decisis - Varying Force Of Precedent, Charles Myneder S.Ed.
Michigan Law Review
Plaintiff passenger brought an action against defendant driver to recover for injuries arising from the latter's negligence in operating an automobile while the parties were engaged in a joint enterprise. Defendant contended that his own negligence should be imputed to the plaintiff to bar recovery. Defendant offered as authority a previous decision by the same court in which a passenger, a joint enterpriser with the driver, sued both the driver and the absentee owner of the automobile. There the court dismissed the action against both defendants on the ground of imputed negligence. But the reasoning and authority offered by the …
Practice And Procedure-Cross Claim For Wrongful Death In An Action Against Decedent's Estate, C. J. Rice
Practice And Procedure-Cross Claim For Wrongful Death In An Action Against Decedent's Estate, C. J. Rice
Michigan Law Review
Plaintiff's truck, driven by an agent, was involved in a collision with an automobile driven by defendants' intestate. The driver of the automobile was killed and plaintiff brought a damage action against his administrators. The trial court disallowed a cross claim brought by the administrators for the benefit of statutory beneficiaries. This cross claim was prosecuted under the wrongful death act and under a statute which permitted a defendant in a tort action to file a cross claim for damages arising out of the same transaction. Plaintiff objected to the cross claim on the ground that it was prosecuted by …
Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison
Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison
Michigan Law Review
A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …
Negligence-Proximate Cause, W. Stirling Maxwell
Negligence-Proximate Cause, W. Stirling Maxwell
Michigan Law Review
An owner left his car in defendants' parking garage with the key in the ignition. Defendants' employee stole the car and loaned it to X who had no knowledge of the theft. X, while driving the car, ran into plaintiff nearly twelve hours after the theft. Held, as a matter of law defendants were not guilty of negligence. Assuming, however, that defendants were negligent, such negligence was not the proximate cause of plaintiff's injuries. Howard v. Swagart, (App. D.C. 1947) 161 F. (2d) 651.
Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler
Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler
Michigan Law Review
Recovery was sought by the surviving spouse and next of kin against the estate of a negligent driver where both the passenger and the driver were fatally injured and died "in the same traffic accident." Held, where both the injured person and the wrongdoer die, an action survives against the personal representatives of the wrongdoer. Kuhnle v. Swedlund, 220 Minn. 573, 20 N.W. (2d) 396 (1945).