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Articles 1 - 7 of 7
Full-Text Articles in Law
Place Of Trial Of Civil Cases, William Wirt Blume
Place Of Trial Of Civil Cases, William Wirt Blume
Michigan Law Review
Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …
Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.
Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.
Michigan Law Review
After boarding a trolley owned and operated by defendant, plaintiff-dropped her return slip. Holding a package in one hand, she stooped to pick up the slip. Plaintiff testified that although defendant's operator saw her in this position, he started the trolley with a "very fast jerk" which threw plaintiff to the floor and caused certain injuries. At the conclusion of plaintiff's evidence, which consisted of her uncorroborated testimony, the trial court directed a verdict for defendant. On appeal, held, affirmed. Przborowski v. Baltimore Transit Co., (Md. 1948) 59 A. (2d) 687.
Bailment-Liability Of Parking Lot Owner For Theft Of Automobile, Myron J. Nadler
Bailment-Liability Of Parking Lot Owner For Theft Of Automobile, Myron J. Nadler
Michigan Law Review
Defendant mill maintained a free parking lot for its employees. The lot was enclosed, having one gate which was under constant surveillance by defendant's private policeman and kept closed except for short periods during shift changes. During a shift change, plaintiff, an employee of defendant, parked his automobile in the lot, removing and retaining the keys. While plaintiff was working in the mill, the watchman on duty at the gate admitted certain persons to the lot and allowed them to remove plaintiff's car. Held, two judges dissenting, this was a bailment for mutual benefit. Goodyear Clearwarter Mills v. Wheeler …
Negligence-Liability Of Public Amusement Operators For Dangerous Premises, Ruth Wanamaker
Negligence-Liability Of Public Amusement Operators For Dangerous Premises, Ruth Wanamaker
Michigan Law Review
While a patron at a dog race track, plaintiff suffered injuries when she slipped on an empty beverage bottle left in the aisle of the grandstand. In an action against the proprietor, a motion for directed verdict in favor of defendant was granted on the theory that plaintiff had failed to show defendant's actual or constructive knowledge of the presence of the bottle; the trial court further stated that if constructive knowledge were relied on, the plaintiff must prove that the bottle had been in the grandstand long enough for the owners, in the exercise of reasonable care, to have …
Wills-Constructive Trust Imposed On All Heirs Where Some Interfered With Execution Of Will, Herhert E. Phillipson, Jr.
Wills-Constructive Trust Imposed On All Heirs Where Some Interfered With Execution Of Will, Herhert E. Phillipson, Jr.
Michigan Law Review
Two heirs at law, by physical force or by creating a disturbance, prevented decedent from executing a will devising her property to plaintiff. Shortly thereafter, decedent lapsed into a semi-comatose condition from which she never recovered. Plaintiff asked the court to impose a constructive trust on the distributive shares of all heirs, six of whom were not parties to the fraud. The district court gave judgment for the plaintiff; the Court of Civil Appeals partially reversed, allowing the innocent heirs to take free of any trust. On appeal, held, judgment of district court affirmed. Since all heirs at law …
Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 2., Vladimir E. Gsovski
Michigan Legal Studies Series
For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Michigan Law Review
Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …