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Articles 301 - 330 of 344
Full-Text Articles in Transportation Law
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Michigan Law Review
A Book Review on WATKINS ON SHIPPERS AND CARRIERS Fourth edition by Edgar Watkins assisted by J. Halden Alldredge.
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Michigan Law Review
A box of furs, shipped from London, England, to New York City, U. S. A., over the line of the defendant navigation company, was delivered to the defendant trucking company at the order of the United States because the duties had not been paid. The trucking company delivered it to the defendant warehouse where it remained a week before being moved by the same trucking company to the United States Appraisal Stores. Here it was discovered that some of the furs had been stolen from the box. Held, the defendant navigation company was not liable as initial carrier under …
Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff
Michigan Law Review
The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …
Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act
Michigan Law Review
See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.
Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination
Michigan Law Review
To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Michigan Law Review
Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …
Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs
Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs
Indiana Law Journal
No abstract provided.
Interstate Ferries And The Commerce Clause, C. M. Kneier
Interstate Ferries And The Commerce Clause, C. M. Kneier
Michigan Law Review
The Constitution of the United States confers upon Congress the power to regulate commerce among the several states; the transportation of passengers and freight across a navigable river from one state to another by ferryboat, however short the distance traversed, or frequent the trips made, is interstate commerce. It is the purpose of this study to point out what action Congress has taken under the power thus conferred upon it relative to interstate ferries and to determine the relative spheres of authority of the states and of the National Government over this subject.
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Michigan Law Review
A recent case decided by the Supreme Court of the United States suggests the query-ls there a federal statute of limitations for bringing suit for injury to goods in an interstate shipment? The answer depends on the interpretation of the Cummins Amendment of March 4, 1915 and the Transportation Act of 1920. The relevant and germane provision of these acts as to the time limit for commencing suit for injury to goods on an interstate carriage is "That it shall be unlawful for any such common carrier to provide by rule, contract, or regulation a shorter period for giving notice …
Activity Subsequent To Interstate Commerce, Elcanon Isaacs
Activity Subsequent To Interstate Commerce, Elcanon Isaacs
Michigan Law Review
With the commerce clause as the basis of distinction, courts have divided business into two classes, that which is interstate and that which is not. The first is considered to involve transportation across state boundary lines; the second is referred to business in which the crossing of state lines is not a factor. It must appear, however, in a consideration of the second class, that activity which is local because it has never involved movement requires a different approach from activity which is local because transportation has ended. The former must be analyzed for its intrinsic nature; it may even …
Passenger Tickets As Contracts, Edwin C. Goddard
Passenger Tickets As Contracts, Edwin C. Goddard
Michigan Law Review
The most important right of the common carrier of passengers is his right to compensation. He carries for hire. This compensation he ordinarily collects by selling to the prospective passenger a ticket. Of these tickets there are many varieties, from the simple rectangular bit of cardboard, with the printed statement that it is good for one ride from X to Y, to the long coupon ticket, with elaborate provisions in fine print, providing for the passenger knows not what. What is the legal character of this ticket?
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Michigan Law Review
When a carrier delivers goods to an improper person, a nice question arises as to whether the carrier may recover the goods from a bona fide purchaser who bought from the one to whom the carrier delivered. Let us consider first a comparatively simple case.
Carriers-Limit Of Liability In Bill Of Lading Where Carrier Converts Shipment
Carriers-Limit Of Liability In Bill Of Lading Where Carrier Converts Shipment
Michigan Law Review
The Carmack and Cummins Amendments to the act of 1887 have wrought some startling changes in the law applicable to interstate shipments. But the end is not yet. The provision in those amendments which makes the initial carrier liable on a bona fide contract, to the amount fixed in the published tariff, "for loss, damage or injury to such property, caused by it or by any common carrier * * * to which such property may be delivered or over whose line or lines such property may pass", provokes the question as to how broadly that provision is going to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Combination Not Competition Of Railroads, Blewett Lee
Combination Not Competition Of Railroads, Blewett Lee
Michigan Law Review
In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Articles
A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
Articles
An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
Articles
The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Michigan Law Review
The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Michigan Law Review
What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Michigan Law Review
The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Railroads--Effect of Change of Line; Bankruptcy--Extension of Time for Filing Petition for Discharge; Bankruptcy--Voidable Preferences--Proceeds of Fire Insurance Policy; Bills and Notes--Liability of Irregular Indorser--Questions for Jury; Bills and Notes--Negotiability--Law Governing; Boundaries--Street--Land Made by Change in Street; Commerce--Interstate Commerce on Route Between Two Points in Same State; Criminal Law--Dead Bodies--Proper Burial; Constitutional Law--Involuntary Servitude; Deeds--New Grantee in Habendum--Construction; Deeds--Parol Reservation of Growing Crops by Vendor of Land; Evidence--Admissibility of Statements of a prior Holder of Negotiable Paper Against Transferee; Evidence--Right to Introduce Secondary Evidence of Contents of a Document When the Original is Beyond Jurisdiction of the Court; Guardian …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Possession of One Joint-Tenant as Possession of All; Bankruptcy--manner of Claiming Exemptions--Construction of Provisions Relating to Exemptions; Bankruptcy--Title to Property of Bankrupt After Adjudication and Before Election of Trustee; Bills and Notes--Agreement for Attorney Fee Void Under Negotiable Instruments Act; Champterty and Maintenance--Contract with attorney for Contingent Fee; Commerce--Carriers--Federal Employer's Liability Act Held Constitutional; Commerce--State Regulation--Intoxicating Liquors--Carrier's Refusal to Accept; Constitutional law--Equal Protection--Discrimination in License Tax; damages--Injuries to Growing Crops; Damages--liability of Corporation in Punitive Damages for Acts of Its Officers; Evidence--Carbon Copy Admissible as Duplicate Original; Evidence--Judicial Notice that Beer is an Intoxicating Liquor; Garnishment--Impeaching Affidavit--Dissolution; Infants--Torts--Breach of …
Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham
Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham
Michigan Law Review
The Passing of State Control over Railway Rates; Constitutionality of the New York Workmen's Compensation Act; Must a Passenger Go on the Same Train with His Baggage?; Implied Reservation of Easements; Extent of the City's Right, Under the Power of Eminent Domain, to Exemption from Liability for Consequential Damages Under the Rule of Damnum Absque Injuria;