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Articles 421 - 450 of 530
Full-Text Articles in Transportation Law
Damages-Recovery For Loss Of Use Of Damaged Automobile During Abnormal Period Required For Repair [Parsons V. Lambert, Miss. 1950]
Washington and Lee Law Review
No abstract provided.
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Michigan Law Review
Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but …
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Michigan Law Review
H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed. In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was …
International Law-Accidents In International Air Transportation-Limitation Of Liability, William C. Gordon S.Ed.
International Law-Accidents In International Air Transportation-Limitation Of Liability, William C. Gordon S.Ed.
Michigan Law Review
Plaintiff, known professionally as Jane Froman, sought damages of one million dollars for injuries received when defendant's transatlantic plane crashed at Lisbon, Portugal. Before the flight, defendant prepared tickets for plaintiff and other passengers scheduled to entertain troops overseas and delivered them to a USO Camp Shows' employee in charge of arranging transportation for the group. Plaintiff had not expressly authorized the USO employee to receive the ticket in her behalf. She was unaware of the plane's exact destination. Held, a ticket invoking the liability limitations of the Warsaw Convention was delivered as a matter of law. Ross v. …
Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy
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 …
Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross
Negligence-Res Ipsa Loquitur-Applicability To Airplane Crashes, Karl R. Ross
Michigan Law Review
In an action for the wrongful death of an airplane passenger killed in a crash of a commercial airliner, plaintiff relied upon specific acts of negligence and the doctrine of res ipsa loquitur. Defendant moved to strike from the complaint all allegations pertaining to res ipsa loquitur, on the ground that the doctrine did not apply to airplane crashes. Held, motion denied. Smith v. Pennsylvania Central Airline Corp., (D.C. D.C. 1948) 76 F. Supp. 940.
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
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
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 …
Recovery For Loss Of Use Of Destroyed Automobile
Recovery For Loss Of Use Of Destroyed Automobile
Indiana Law Journal
Notes and Comments: Damages
Effect Of "No Riders" Instructions
Effect Of "No Riders" Instructions
Indiana Law Journal
Notes and Comments: Master and Servant
Torts-Imputation Of Negligence Of Driver To Passenger As Bar To Recovery Against Negligent Third Party. [Michigan]
Washington and Lee Law Review
No abstract provided.
Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr.
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 …
Indiana Automobile Guest Statute Construed
Indiana Automobile Guest Statute Construed
Indiana Law Journal
Notes and Comments: Automobiles
Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg
Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg
Michigan Law Review
Through a mutual friend, respondents arranged with appellant car owner for transportation to an out-of-town football game, and it was agreed between the parties that the passengers should reimburse the owner for the expenses of transportation and cost of lunch provided by the appellant. After the game the parties decided to drive to another town for dinner; en route the car skidded and overturned as a result of appellant's negligence, and the respondent wife was seriously injured. Held, that the members of the party were engaged in a "joint adventure" so that the automobile guest statute would not bar …
Negligence--Railroads--Duty Owing Trespassers And Licensee--Effect Of Exceeding License, D. V. B.
Negligence--Railroads--Duty Owing Trespassers And Licensee--Effect Of Exceeding License, D. V. B.
West Virginia Law Review
No abstract provided.
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
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 …
Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.
Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.
West Virginia Law Review
No abstract provided.
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
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 …
Automobiles--The Family Purpose Doctrine--Liability Of Owner For Negligent Operation By Guest Of Son, L. R. M., K. W. Jr.
Automobiles--The Family Purpose Doctrine--Liability Of Owner For Negligent Operation By Guest Of Son, L. R. M., K. W. Jr.
West Virginia Law Review
No abstract provided.
Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]
Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]
Washington and Lee Law Review
No abstract provided.
Some Problems Confronting Counsel In Defense Of Automobile Negligence Cases, Bert Beasley
Some Problems Confronting Counsel In Defense Of Automobile Negligence Cases, Bert Beasley
Indiana Law Journal
An address by the Honorable Bert Beasley of the Marion County Bar at the Legal Institute sponsored by the Indiana State Bar Association at the Claypool Hotel, Indianapolis, Indiana, on January 24, 1941.
Suggestions For The Trial Of Automobile Damage Suits, Charles A. Lowe
Suggestions For The Trial Of Automobile Damage Suits, Charles A. Lowe
Indiana Law Journal
An address by the Honorable Charles A. Lowe of the Lawrenceburg, Indiana, Bar before the Legal Institute sponsored by the Indiana State Bar Association at the Claypool Hotel, Indianapolis, Indiana, on January 24, 1941.
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
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 …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Negligence - Causation - Failure To Sign License, Michigan Law Review
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 …
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Michigan Law Review
Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
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 …
Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman
Michigan Law Review
Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …
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 …