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Articles 1 - 23 of 23
Full-Text Articles in Law
Negligence-Liability Of Manufacturer Or Vendor To An Allergic Consumer, Zolman Cavitch S.Ed.
Negligence-Liability Of Manufacturer Or Vendor To An Allergic Consumer, Zolman Cavitch S.Ed.
Michigan Law Review
The study of allergies is relatively new to the medical profession. It is not surprising, therefore, that only a few courts have dealt with the problem of the liability of the manufacturer or vendor to the consumer who is allergic to an ingredient in the defendant's product. Many dyes, cosmetics, drugs and health and beauty aids in universal use, however, contain known allergenic ingredients. Medical authorities estimate the incidence of well-defined allergies at between five to ten per cent of the total population and one authority suggests that allergies are actually increasing in frequency. When we add to this parade …
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Michigan Law Review
A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …
Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Plaintiff's intestate purchased from Montgomery Ward & Company a gas water heater which had been manufactured by a third party. The heater was installed by defendant Rulane Gas Company. It worked satisfactorily for fourteen months until the flame went out due to unknown causes. Deceased notified the defendant, and sixteen hours later it sent a repairman to investigate the trouble. He descended to the basement with deceased and struck a match in disregard of a warning not to do so. An explosion followed in which both deceased and the repairman were killed. Investigation showed that the "automatic cut-off" valve was …
Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager
Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager
Michigan Law Review
The Maryland Dry Dock Company sued to enforce its statutory maritime lien for converting a cargo vessel owned by the Republic Steamship Corporation into a passenger ship, and the International Refugee Organization contested the action on the ground that the money used to purchase the vessel was obtained by Republic from IRO by fraud. IRO argued that Republic did not have authority to bind the vessel because the vessel was impressed with a constructive trust in IRO's favor, and that if Republic did have authority the trust took preference over the lien. Held, a constructive trust on rescission for …
Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed.
Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed.
Michigan Law Review
Prior to trial of suit to recover damages for hand infection alleged to have been caused by the use of defendant's washing compound, plaintiff filed interrogatories requesting the ingredients and proportions used in the compound. Defendant's offer to divulge its secret formula to the court in confidence until the plaintiff should make a prima facie case was ruled upon adversely by the court. Defendant thereupon suffered the statutory penalty of default rather than disclose the secret. Held, default judgment affirmed. In this instance trade secrets were not privileged, and there was no abuse of discretion in the trial court's …
Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed.
Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed.
Michigan Law Review
When leaving a church service, plaintiff fell on ice that had formed as a result of poor drainage facilities on the public sidewalk outside defendant's church building. An action was brought based on negligence and the maintenance of a public nuisance. Defendant's answer claimed a right as a privately conducted charity to immunity from tort liability. Plaintiff demurred, the demurrer was overruled, and the case was transferred to the Supreme Court for a decision on that issue. Held, decree overruling the demurrer reversed. Charitable institutions are not entitled to immunity from tort liability. Foster v. Roman Catholic Diocese of …
Restitution Under The Statute Of Frauds: What Constitutes An Unjust Retention, Lindsey R. Jeanblanc
Restitution Under The Statute Of Frauds: What Constitutes An Unjust Retention, Lindsey R. Jeanblanc
Michigan Law Review
In order to recover in restitution the plaintiff must establish, first, that a legal benefit was conferred upon the defendant and, second, that the retention of that benefit was unjust. The problem of determining what constitutes a legal benefit in the cases of restitution under the statute of frauds is discussed in another article. The purpose of this article is to examine what does or does not constitute an unjust retention in such cases, including some of the grounds on which the defendant may successfully contend that his retention of a benefit is not unjust.
Bailment-Limitation Of Liability-Effect Of Posted Notice Or Stipulation On Receipt, Walter L. Dean
Bailment-Limitation Of Liability-Effect Of Posted Notice Or Stipulation On Receipt, Walter L. Dean
Michigan Law Review
Plaintiff deposited a traveling bag in the parcel room at defendant's railroad station, paid a ten cent fee, and was issued in return a numbered check or receipt on which was printed, inter alia, a notice that defendant's liability would be limited to $25 unless an excess valuation were declared and paid for at the time of deposit. Plaintiff testified that he hadn't read the printing on the check and hadn't seen a posted sign which contained the same information. On demand the defendant was unable to redeliver the bag. In an action to recover the value of the bag …
Statutory Construction--Extra-Territorial Application Of Federal Statutes--Application Of Federal Tort Claims Act To Claims Arising In Foreign Areas Leased To The United States, Thomas L. Waterbury S.Ed.
Statutory Construction--Extra-Territorial Application Of Federal Statutes--Application Of Federal Tort Claims Act To Claims Arising In Foreign Areas Leased To The United States, Thomas L. Waterbury S.Ed.
Michigan Law Review
Decedent, an airlines employee, was killed in a plane crash at Harmon Field, Newfoundland, a base leased to the United States by Great Britain for ninety-nine years. The plaintiff, decedent's administratrix, brought suit in a district court against the United States, relying on the Federal Tort Claims Act as a waiver of federal immunity from suit. Judgment for the United States was reversed by the Court of Appeals. On certiorari to the Supreme Court, held, reversed. The claim arose in a foreign country and the FTCA specifically retains federal immunity from suit on such claims. United States v. Spelar …
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Michigan Law Review
Plaintiff and his wife were driving from Michigan to Iowa to visit a certain church to which plaintiff, a minister, was considering a call. Defendant desired to visit a college in Illinois, with the intention of enrolling as a student. It was agreed that defendant should ride in plaintiff's automobile to Illinois, where plaintiff was to help defendant gain admission to the college; later defendant was to return with the plaintiff to Michigan. The parties alternated in driving the automobile on the trip. At a certain stage in the journey, defendant negligently operated the automobile and caused it to become …
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-Last Clear Chance-Plaintiff's Ignorance Of Danger When He Is Not Ignorant Of The Instrumentality Which Causes His Injury, John Yates
Michigan Law Review
Plaintiff, a boy twelve years of age, was struck by a locomotive of defendant railroad and suffered severe injuries. Defendant engineer, who had noticed plaintiff walking toward the track, could have stopped the train when he first observed plaintiff but did not because he had seen plaintiff look over his shoulder at the approaching train. The train could not be stopped after plaintiff had stepped onto the track. Plaintiff admitted seeing the train when it was 400 feet distant and that he had miscalculated the time necessary to cross in front of it. On appeal from judgment against both defendants, …
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.
Michigan Law Review
It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.
Negligence-"Coal Hole" Cases-Constructive Notice Arising From Condition Of The Premises-Failure To Lock As Evidence Of Negligence, Lewis R. Williams, Jr.
Negligence-"Coal Hole" Cases-Constructive Notice Arising From Condition Of The Premises-Failure To Lock As Evidence Of Negligence, Lewis R. Williams, Jr.
Michigan Law Review
While on the way to a bowling alley at 7:15 p.m., plaintiff fell through an open coal hole in the private sidewalk which ran along the rear of defendant's business building. The public used the sidewalk to enter the building and to reach the rear of other stores in the block. There was no evidence as to how the door of the coal hole, which had been closed at 5:30 p.m., was opened. Held, judgment for plaintiffs reversed and judgment entered for defendant, two justices dissenting. Plaintiff failed to prove that the door in question was open a sufficient …
Creditors' Rights-Remedies Available To Tort Creditor Without Judgment In Michigan And Under The Uniform Fraudulent Conveyances Act, Colvin A. Peterson, Jr. S.Ed.
Creditors' Rights-Remedies Available To Tort Creditor Without Judgment In Michigan And Under The Uniform Fraudulent Conveyances Act, Colvin A. Peterson, Jr. S.Ed.
Michigan Law Review
During negotiations for settlement of a tort claim between plaintiff and X, X transferred some realty to his son, defendant. Plaintiff commenced suit against X on the claim and, alleging that defendant and X were jointly liable on the claim, sued defendant in equity to enjoin a prospective transfer of the property by defendant to third parties. Held, for defendant; equity has no jurisdiction to enjoin the transfer of assets for a claim that is not secured by a lien or reduced to a judgment. Irwin v. Meese, 325 Mich. 349, 38 N.W. (2d) 869 (1949).
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Michigan Law Review
An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Michigan Law Review
Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Michigan Law Review
Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Michigan Law Review
As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …
Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell
Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell
Michigan Law Review
The defendant's servant, while parking the defendant's automobile, negligently failed to secure the brakes. At defendant's request, plaintiff police officer attempted to enter the automobile after it had started to roll, hoping to avert any possible collision. In so doing, he slipped on a stone and was injured. Defendant demurred to plaintiff's complaint on the grounds that the plaintiff was contributorily negligent, as a matter of law, and that the rescue doctrine should not apply where that rescued from peril created by the defendant is not human life or the rescuer's own property. Held, the rescue doctrine was correctly …
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Michigan Law Review
H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed. In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was …
Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell
Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell
Michigan Law Review
In the race track arena of defendant's fairground there were nightly fireworks displays. Three bombs, similar in appearance to ordinary firecrackers, but containing explosives more powerful than gunpowder, had failed to explode on the previous night. They had been wrapped in paper, placed in open wooden crates alongside three exposed bombs, and left unguarded in the arena firing area which was accessible to and traversed by the general public. The plaintiff's older brother, aged thirteen, together with other children between twelve and fifteen years old, had climbed over a fence into the fairgrounds. In compassing the fairgrounds he discovered the …