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Articles 361 - 390 of 399
Full-Text Articles in Transportation Law
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Michigan Law Review
A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.
Insurance - Motor Vehicle Accident Indemnification Corporation Law - Compensation Assured For Innocent Automobile Accident Victims, Bartlett A. Jackson
Insurance - Motor Vehicle Accident Indemnification Corporation Law - Compensation Assured For Innocent Automobile Accident Victims, Bartlett A. Jackson
Michigan Law Review
A 1958 New York statute requires the organization of an Indemnification Corporation by companies selling automobile liability insurance within the state. The corporation will assess members in order to establish a fund which will be used to reimburse persons who are injured in a motor vehicle accident and are unable to collect from the person causing the injury. In order to qualify, the injured party must not be covered by a policy of automobile insurance nor may he own an uninsured motor vehicle. He must secure a judgment against the financially irresponsible driver and petition the court to order the …
Insurance-Scope Of Liability Of Insurer Under Omnibus Clausecovering Automobile Driven By Other Than Named Assured.[Federal]
Washington and Lee Law Review
No abstract provided.
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Michigan Law Review
The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …
Owner's Liability For Harm Done By Thief Operating Stolen Vehicle
Owner's Liability For Harm Done By Thief Operating Stolen Vehicle
Indiana Law Journal
Notes: Torts
Insurance-Automobile Liability-Meaning Of "Permission" In Omnibus Clause, A. E. Anderson S.Ed.
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 …
Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman
Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman
Michigan Law Review
Under an automobile liability policy, the defendant insurer paid the plaintiff, on his judgment against the insured, the amount of compensatory damages recovered for injuries. The insurer refused, however, to pay the additional sum awarded as double damages under a statute providing that the court in its discretion might award double or treble damages where the injury was caused by a violation of certain statutory rules of the road. By the terms of the policy defendant insurance company agreed to pay "all sums which the insured shall become obligated to pay by reason of liability imposed upon him by law …
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Michigan Law Review
Quite common in automobile policies insuring against risks of fire, theft, collision, personal liability, etc., from the use of the automobile is a provision either effecting a termination of the policy or excluding the particular loss from the coverage of the policy if or when the automobile is used to carry passengers for hire or consideration. The full purport of this type passenger clause is unfortunately too often not realized by the insured person until he is met with a loss, unforeseen and against which he believed himself to be protected. This comment, then, will attempt an analysis of the …
Carriers - Limitation Of Liability For Negligence -True Valuation Agreement
Carriers - Limitation Of Liability For Negligence -True Valuation Agreement
Michigan Law Review
Approximately one-seventh of a shipment of cherries in brine was lost owing to improper stowage. Award of damages was resisted on the ground that the bills of lading provided for adjustment of claims "on the basis of the invoice value of the entire shipment adding expenses necessarily incurred," and that because of favorable market conditions existing at destination the entire value of the sound cherries exceeded the invoice value. Held, the quoted clause was not a genuine limitation agreement, which is valid, but a "true valuation" clause, which, since it may wholly exonerate the carrier from liability for negligence, …
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …
Compulsory Automobile Insurance, Carl M. Gray
Compulsory Automobile Insurance, Carl M. Gray
Indiana Law Journal
No abstract provided.
Insurance - Injuries Resulting From The Operation Of An Automobile
Insurance - Injuries Resulting From The Operation Of An Automobile
Michigan Law Review
The defendant insured the plaintiff against accidental injuries suffered exclusive of all other causes and only as the result of operating, driving, or riding in or on an automobile. The plaintiff was injured while sitting in the driver's seat of an automobile by a discharge from a gun which was being unloaded by a companion on a hunting trip, preliminary to placing it in the car. Held, the accident arose as a result of operating the automobile within the meaning of the insurance policy and the plaintiff is entitled to recover. Dorsey v. Fidelity Union Casualty Co., (Tex. …
Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey
Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey
West Virginia Law Review
No abstract provided.
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Indiana Law Journal
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …
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
Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …
Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison
Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison
Michigan Law Review
The Corporation Tax Decision; The Rights of Passengers in an Unregistered Automobile; Expert Testimony in Michigan; Federal Supreme Court's Jurisdiction Unalterable;
Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell
Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell
Michigan Law Review
Ignorance and Mistake of Law Caused by Over-Ruled Cases; The Doctrine of Exemplary Damages in Its Application to Corporations; When is a Will Signed "At the End?": Construction of the Code Phrase "Subject of Action"
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Michigan Law Review
State Regulations Affecting Interstate Commerce; Rules of Procedure and Substantive Law Governing the United States Court for China; What Is Interstate Commerce?; Waiver of Conditions in Insurance Policy by Knowledge of Agent Where Policy Attempts to Provide the Only Way in Which Waiver Shall Take Place; The Right of a Trustee in Bankruptcy to Sue for Injuries to the Bankrupt's Property;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …