Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Automobiles - Host-Guest Statutes - "Gross Negligence Or Wilful And Wanton Misconduct'', Michigan Law Review
Automobiles - Host-Guest Statutes - "Gross Negligence Or Wilful And Wanton Misconduct'', Michigan Law Review
Michigan Law Review
Plaintiff, a guest in defendant's automobile, sustained injuries when defendant attempted to pass a car while approaching the brow of a hill and failed to see an oncoming car until too late to avoid a collision. Although the highway was heavily crowded, defendant had been driving at a speed of sixty-five to seventy miles per hour, and had been passing cars on the straight and over hills, ignoring the protests of his passengers. Defendant appealed from verdict and judgment for plaintiff. Held, with two justices dissenting, that under the statute requiring proof of defendant's "gross negligence or wilful and …
Negligence - Contributory Negligence - Last Clear Chance Doctrine Applied To The Plaintiff - Necessity Of Actual Knowledge Of Danger, John H. Uhl
Michigan Law Review
The plaintiff was injured in a collision of the automobile in which she was riding, driven by her husband, and one driven by the defendant. The defendant, as an affirmative defense, alleged that as he was about to enter the intersection, his car skidded and went out of control; and that both the plaintiff and her husband saw the dangerous situation in sufficient time to have avoided the accident. The court instructed the jury that if the plaintiff or her husband saw, or by the exercise of reasonable diligence could have seen, that the defendant was in a place of …
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Michigan Law Review
Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …
Infants - Liability For Negligence Between Infants In Same Family, Henry L. Pitts
Infants - Liability For Negligence Between Infants In Same Family, Henry L. Pitts
Michigan Law Review
In an action by the special administrator of the estate of a six-year old minor under a wrongful death statute, the jury found that the automobile collision, in which the deceased child lost his life, was proximately caused by the negligence of decedent's unemancipated seventeen-year-old brother. Since any recovery would go to decedent's parents, the lower court dismissed the complaint. On appeal, held, reversed and remanded with directions to enter judgment in favor of decedent's mother. The upper court ruled that the death statute authorized such a suit by a parent, because it allowed the parent to sue where …