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Articles 271 - 277 of 277
Full-Text Articles in Admiralty
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Admiralty- Loss Of Goods - Statutory Exemption Of Owner Of Vessel From Liability
Michigan Law Review
Through the negligence of the chief engineer in putting new coal on top of old coal in a temporary bunker the steamship Galileo was rendered unseaworthy at the time the voyage commenced, catching fire and sinking. The cargo was lost. The plaintiff, cargo owner, sued the owner-operator or the ship in the federal District Court for southern New York for breach of contract to deliver at destination. On certiorari to the Circuit Court of Appeals the Supreme Court held, in affirming the decree dismissing the libel, that the defendant was relieved from liability under the federal fire statute which …
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence
Michigan Law Review
Plaintiff, personal representative of a seaman who was said to have died as a result of his employer's failure to provide proper medical attention at sea, sued the defendant-employer for the seaman's death. Judgment for the plaintiff having been reversed in the Circuit Court of Appeals on the ground that any cause of action abated with the death of the sailor, the case was brought before the Supreme Court of the United States on a writ of certiorari. Held that, under the Jones Act (Merchant Marine Act), the cause of action survived to the personal representative. Cortes v. Baltimore Insular …
Conflict Of Laws-Admiralty -Torts In Territorial Waters
Conflict Of Laws-Admiralty -Torts In Territorial Waters
Michigan Law Review
A civil wrong having been committed on board a vessel in foreign territorial waters, the tort by hypothesis being maritime and the court having jurisdiction, the problem then arises as to what law governs the disposition of the case. Stated more specifically, does the nature of admiralty jurisdiction demand that a court, in determining liability for civil wrongs committed in foreign territorial waters, should ignore or modify well-settled principles of the conflict of laws as applied to delictual obligations? This is the point of departure for the discussion to follow.
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
Michigan Law Review
X accepts an invitation to ride with his friend A, in the latter's coupe. B has a party of friends in his new limousine. Both drivers are careless; the cars collide; and X is injured. X brings suit against B, and the latter has A brought into court as a defendant, a proceeding permitted under the provisions of the Wisconsin code of civil procedure. B claims the right of contribution against A, in the event that X is successful in his suit, and also asks affirmative relief against A for the damage done to his limousine. A counters with a …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.