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Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review Dec 1940

Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review

Michigan Law Review

Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …


Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan Dec 1940

Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan

Michigan Law Review

On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John …


Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee Nov 1940

Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee

Michigan Law Review

Plaintiff insured the defendant against loss on his car due to collision, paid its liability when the defendant's car was damaged by a third party, and took an assignment of plaintiff's claim against the third party to that extent. Defendant then released the third party from liability and plaintiff brought this action to recover the amount paid to the defendant. Held, plaintiff could recover from defendant only for the loss it had sustained by the release, and since plaintiff had failed to prove it could have recovered anything from defendant, it had shown no cause of action. Century Ins. …


Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers May 1940

Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers

Michigan Law Review

Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the …


Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review Apr 1940

Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review

Michigan Law Review

Defendant, while asleep on the rear seat of the automobile driven by plaintiff, kicked the back of the front seat, thereby throwing plaintiff forward and causing plaintiff to lose momentary control. Plaintiff brought this action for injuries sustained when the car crashed into a culvert. Held, the trial court properly instructed the jury that defendant was entitled to a verdict if he was asleep at the time he kicked the front seat. The supreme court stated, "fundamentally to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a …


Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review Apr 1940

Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review

Michigan Law Review

Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which …


Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg Mar 1940

Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg

Michigan Law Review

Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …


Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review Mar 1940

Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review

Michigan Law Review

Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …


Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review Mar 1940

Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review

Michigan Law Review

Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.


Negligence - Causation - Failure To Sign License, Michigan Law Review Feb 1940

Negligence - Causation - Failure To Sign License, Michigan Law Review

Michigan Law Review

A New Hampshire statute provided that a motor vehicle operator's license should not be valid until endorsed on the margin by the operator. In a negligence action arising out of an automobile collision it was shown that defendant operator's license had not been endorsed. Plaintiff requested the court to charge that defendant's license was not valid and that defendant's violation of the statute was a legal cause of the accident, entitling plaintiff to recover unless found guilty of contributory negligence. Held, that defendant's failure to endorse his signature was not such a statutory violation that plaintiff could take advantage …


Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam Jan 1940

Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam

Michigan Law Review

Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …


Automobiles -Violation Of Parking Statute, Michigan Law Review Jan 1940

Automobiles -Violation Of Parking Statute, Michigan Law Review

Michigan Law Review

Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …


Automobiles - Host-Guest Statutes - "Gross Negligence Or Wilful And Wanton Misconduct'', Michigan Law Review May 1939

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 May 1939

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 Mar 1939

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 Feb 1939

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 …