Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 76

Full-Text Articles in Law

Insurance-Subrogation-Right Of Insured To Recover On An Automobile "Collision" Policy After Full Settlement With The Negligent Wrongdoer, Robert W. Shadd S.Ed. Jun 1950

Insurance-Subrogation-Right Of Insured To Recover On An Automobile "Collision" Policy After Full Settlement With The Negligent Wrongdoer, Robert W. Shadd S.Ed.

Michigan Law Review

Respondent, whose automobile was covered by a policy of "collision" insurance in appellant insurance company, suffered serious personal injuries and complete loss of his car as a result of a collision with an oil company truck. Despite numerous telephone calls, appellant failed to settle for the cash value of the automobile, as required by the insurance contract. In the meantime, respondent brought an action against the oil company, joining the claims for personal injury and property damage, and executed a full release to that company in return for a settlement of $20,000. He then brought this action for actual damages …


Jurisprudence-Stare Decisis - Varying Force Of Precedent, Charles Myneder S.Ed. Jun 1950

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 …


Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland May 1950

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 …


Practice And Procedure-Cross Claim For Wrongful Death In An Action Against Decedent's Estate, C. J. Rice May 1950

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 Apr 1950

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 …


Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr. Feb 1950

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 …


Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer Jun 1949

Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer

Michigan Law Review

While walking on a highway, A was knocked down by a car driven by B, and was almost immediately run over by C's car. A was pronounced dead from several injuries, any one of which would have sufficed to cause his death. Plaintiff, A's administratrix, recovered judgment against both B and C for A's death. Held, reversing on other grounds, joinder of B and C was proper. Micelli v. Hirsch, (Ohio App. 1948) 83 N.E. (2d) 240.


Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr. May 1949

Negligence-Causation-Intervening Cause, Herbert E. Phillipson, Jr.

Michigan Law Review

Plaintiff alleged that while driving on a two-lane highway, he was overtaken by defendant, who attempted to pass against oncoming traffic and forced plaintiff to tum right in an effort to leave the highway. At that point, a passenger in plaintiff's car seized the steering wheel, causing the car to travel left across the highway without collision and then overturn, injuring plaintiff. Held, demurrer to complaint sustained. The passenger's act was not foreseeable, was not the normal response to the situation created by the defendant, and was so extraordinary as to be an efficient intervening cause. Robinson v. Butler …


Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy Apr 1949

Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy

Michigan Law Review

Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …


Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen Feb 1949

Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen

Michigan Law Review

Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.


Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée Feb 1949

Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée

Michigan Law Review

Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …


Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed. Jan 1949

Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.

Michigan Law Review

During a deposition arising out of a suit against the Cleveland Transit System for its alleged negligent operation, Hyde, defendant's general manager, was ordered under subpoena duces tecum to produce reports of the defendant company and answer questions disclosing "all the busses ( the numbers, and names and addresses of the drivers) from 11:30 P.M. September 25, 1944, to 12:15 A.M., going south on East 152 Street." Hyde and the company attorney who possessed the accident reports refused to produce them or answer questions concerning them, claiming that the reports were within the attorney-client privilege. The deponents were taken into …


Negligence-Contributory Negligence-Customary Violation Of Statute By Defendant As Bearing On Issue Of Plaintiff's Contributory Negligence, James A. Sprunk Apr 1948

Negligence-Contributory Negligence-Customary Violation Of Statute By Defendant As Bearing On Issue Of Plaintiff's Contributory Negligence, James A. Sprunk

Michigan Law Review

Plaintiff's empty truck, proceeding uphill, collided on plaintiff's side of the road with defendant's loaded truck which was traveling in the opposite direction. Both trucks were engaged in the same road-surfacing project. The road had a washout on defendant's side. Defendant's answer alleged that there was an established custom under which drivers of empty trucks yielded the right of way to drivers of loaded trucks when about to meet in a narrow or defective place in the highway; that defendant relied upon such custom which plaintiff failed to observe; and that the plaintiff's failure to observe the custom constituted contributory …


Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea Mar 1948

Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea

Michigan Law Review

Defendant issued a membership certificate to one Flowers providing for payment of $5000 in case of accidental death or $500 in case of death due to heart disease. Later Flowers was injured in an automobile accident and died an hour afterward. The beneficiary submitted proofs of loss, including a statement of a physician that death was caused by "coronary thrombosis. Shock from auto accident about one hour before death." Defendant sent to the beneficiary a draft for $500 clearly stating on its face that the endorsement of the check would be a settlement in full. After cashing the check, the …


Insurance-Automobile Liability-Meaning Of "Permission" In Omnibus Clause, A. E. Anderson S.Ed. Mar 1948

Insurance-Automobile Liability-Meaning Of "Permission" In Omnibus Clause, A. E. Anderson S.Ed.

Michigan Law Review

Plaintiff's car was damaged in a collision with a truck driven by W, owned by M, and insured in the name of M by defendant. The policy contained an omnibus clause extending coverage to "any person legally using or operating the ['motor vehicle] with the permission, express or implied, of such owner." S had general charge of the truck, as an employee of M, and had previously used it for his own purposes to the knowledge of M, who made no objection. At the time of the accident, S was returning from a tavern with W …


Negligence-Proximate Cause, W. Stirling Maxwell Dec 1947

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.


Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed. Jun 1947

Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.

Michigan Law Review

Plaintiff's decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver's license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant's locomotive. There was evidence bearing upon the defendant's negligence and negligence on the part of the …


Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed. Mar 1947

Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.

Michigan Law Review

Plaintiff, a citizen of Connecticut sued defendant, a citizen of Ohio, for injuries received when the car in which plaintiff was a passenger collided with a truck driven by defendant. Defendant removed the case from a Connecticut state court to a federal district court and then obtained an order citing plaintiff's husband, a citizen of Connecticut and the driver of the car in which plaintiff was riding, as a third-party defendant under Rule 14 of the Federal Rules of Civil Procedure. Defendant had no claim against the third party by Connecticut substantive law which does not recognize contribution between tort-feasors. …


Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles Jan 1947

Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles

Michigan Law Review

The drivers of two automobiles involved in a collision were insured against liability for damages by the same insurance company. Their policies contained clauses reserving to the insurer the right and duty to defend all actions. One driver, Borad, sued the other, O'Morrow, who, through counsel of his own selection, filed a cross complaint for damages and gave notice to the insurance company that these attorneys would also present his defense. When the company informed O'Morrow that it considered his independent defense a breach of the co-operation clause, he brought this action for declaratory relief. On appeal from a judgment …


Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema Nov 1946

Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema

Michigan Law Review

On February 7, 1944, an enlisted soldier in the Army of the United States was injured in a traffic accident in Los Angeles, California, through the negligence of an agent of appellant; he was incapacitated for duty for a period of twenty-nine days. The United States paid his hospital expenses, and also his salary during this period, amounting to a total of $192.56. In March, 1944, the soldier, in return for three hundred dollars, executed a release to appellant "from any and all claims and demands" on account of the accident. The United States sued in the Federal District Court …


Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler Jun 1946

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).


Principal And Agent-Right Of Agent To Waive Statute Of Limitations-Estoppel, Howard A. Jacobs Jun 1946

Principal And Agent-Right Of Agent To Waive Statute Of Limitations-Estoppel, Howard A. Jacobs

Michigan Law Review

Plaintiff was injured in an automobile accident. Defendant's insurance adjuster informed the father of the plaintiff that no settlement could be made of her claim for personal injuries until she had fully recovered, and represented to him that defendant company would pay all her damages if the plaintiff did not consult an attorney. Held, where adjuster, having apparent authority to promise a settlement, lulled plaintiff into a false sense of security and caused her to permit Massachusetts one year statute of limitations to run, defendant was estopped by the conduct of the adjuster from pleading the statute as a …


Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr. Jun 1946

Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.

Michigan Law Review

Husband was driving his wife and another passenger from work when, due to a combination of the negligence of the husband and that of the defendant, a collision occurred resulting in the death of the wife. Plaintiff as administrator of the wife brought an action under the Death Act against the defendant to recover damages for the minor children of the deceased to the support of whom the deceased had contributed. The trial court directed a verdict in favor of the defendant on the ground that the contributory negligence of the husband as driver was imputed to the wife as …


Torts-Liability Of Negligent Driver To One Who Goes To His Rescue, Margaret Groefsema S.Ed. Apr 1945

Torts-Liability Of Negligent Driver To One Who Goes To His Rescue, Margaret Groefsema S.Ed.

Michigan Law Review

Where plaintiff went to the aid of defendant who lay pinned beneath the wheel of his car after a collision caused by his own negligent driving, the Michigan Supreme Court held that plaintiff could recover for injuries sustained when the car rolled back upon her as she was attempting to remove defendant. Brugh v. Bigelow, (Mich. 1944) 16 N.W. (2d) 668.


Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree May 1942

Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree

Michigan Law Review

Plaintiff, an employee in defendant's mill, helped to organize a baseball team among defendant's employees. The defendant furnished the initial equipment for the team at a cost of approximately $450, but thereafter had little to do with controlling its policy or management. Defendant's employees were given no additional compensation or privileges for playing on the team; practice sessions were held after working hours; and all ball games were scheduled on Sundays. Plaintiff was injured in an automobile accident while returning from one of the Sunday games and sued for compensation under the state workmen's compensation act for injuries "arising out …


Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review Feb 1942

Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review

Michigan Law Review

Plaintiff, having recovered a judgment against insured defendant for injuries sustained in an automobile accident, filed a supplemental bill against defendant's insurer to recover the 'insurance money. The statute granting plaintiff this right provides that whenever damage occurs for which the insured is responsible, the liability of the insurer "shall become absolute," and upon his obtaining a judgment against the assured, the injured person shall be entitled to have the insurance money applied to satisfy the judgment. The insurer defended on the ground that the insured violated a condition of the policy by failing to cooperate in the defense of …


Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review Feb 1942

Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review

Michigan Law Review

The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …


Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review Nov 1941

Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review

Michigan Law Review

Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …


Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review May 1941

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review

Michigan Law Review

The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …


Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review Feb 1941

Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review

Michigan Law Review

Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …