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Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed. May 1951

Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed.

Michigan Law Review

A Connecticut resident brought a suit based on diversity of citizenship in a United States district court in Massachusetts against an Ohio corporation, alleging a cause of action arising from an automobile collision upon a Massachusetts highway. Plaintiff secured personal jurisdiction over the defendant by serving process upon the Registrar of Motor Vehicles for the Commonwealth of Massachusetts and by giving notice to defendant in accordance with the Massachusetts nonresident motorist statute. Upon defendant's motion, the action was dismissed for improper venue. Held, defendant is not a Massachusetts resident for purposes of federal venue as defined by Title 28, …


Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed. Mar 1951

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …


Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman Feb 1951

Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman

Michigan Law Review

Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but …