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Michigan Law Review

Articles 151 - 180 of 285

Full-Text Articles in Transportation Law

State Taxation Of Interstate Motor Carriers, Paul G. Kauper Dec 1933

State Taxation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

Though the Supreme Court has never had occasion to express its views as to the gasoline tax in its relation to interstate motor carriers (see first instalment of this article), it has been confronted with a series of cases involving automobile registration taxes. Every State today imposes such taxes. A brief discussion of the theory and nature of such taxes will aid in understanding their legal consequences.

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Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper Dec 1933

Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper

Michigan Law Review

The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …

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Torts - Principal And Agent - Liability For Negligent Driving Dec 1933

Torts - Principal And Agent - Liability For Negligent Driving

Michigan Law Review

Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.

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Torts - Imputed Negligence - Passenger In Private Carrier For Hire Dec 1933

Torts - Imputed Negligence - Passenger In Private Carrier For Hire

Michigan Law Review

The plaintiff hired Hilton, a private carrier, to drive her from Detroit to Ann Arbor. Hilton's car collided with a car driven by the defendant, both Hilton and the defendant being negligent. Held, that the plaintiff could recover, as the negligence of a private carrier for hire will not be imputed to a passenger riding in his conveyance. Three judges dissented; the four concurring judges refused to join Justice McDonald in his opinion expressly overruling the whole doctrine of Thorogood v. Bryan. Lachow v. Kimmich, 263 Mich. 1, 248 N. W. 531 (1933).

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Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper Dec 1933

Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper

Michigan Law Review

In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …

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State Taxation Of Interstate Motor Carriers, Paul G. Kauper Nov 1933

State Taxation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

Although in point of years motor carrier transportation is in .ll. its infant stage, it has exhibited such prodigious growth as to take rank today as a business of huge proportions. In 1932 there were in the United States about 40,000 motor vehicles engaged in common carrier passenger service. Their operations for the year produced a gross revenue of $348,000,000, as compared with $612,000,000, produced by electric railway passenger operations, and $376,000,000, produced by steam railroad passenger operations.

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State Regulation Of Interstate Motor Carriers, Paul G. Kauper Jun 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …

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Railroads - Power Of Interstate Commerce Commission To Order Extensions Jun 1933

Railroads - Power Of Interstate Commerce Commission To Order Extensions

Michigan Law Review

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …

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The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard Jun 1933

The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard

Michigan Law Review

From Munn v. Illinois to the Emergency Railroad Transportation Act of 1933 has been a long journey traveled by the public and the public utilities, notably the largest public utility, the railroads. In 1876 the very term "public utility" was unknown. The idea that the public could break in on laissez faire and regulate any business was to the persons regulated, and to their lawyers, odious. With them agreed Justices Field, Brewer, Peckham, and many another, who predicted that the public would not long tolerate such interference with business. But prophecy is hazardous, and these prophets were wrong.

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State Regulation Of Interstate Motor Carriers, Paul G. Kauper May 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …

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Automobiles-Licenses-Who Is A Chauffeur May 1933

Automobiles-Licenses-Who Is A Chauffeur

Michigan Law Review

In a suit to recover on an insurance policy, defendant sought to establish that the driver of plaintiff's automobile, who worked in plaintiff's plant and drove the delivery truck during the temporary absence of the usual driver, was not a licensed chauffeur as required by statute. Held, that a person who is not paid solely for driving a car but who does so merely as an incident to his regular employment does not come within the provision requiring those persons to obtain licenses who are " . . . known as a chauffeur, and employed for hire therefor . …

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Automobiles - Guest - Contributory Negligence Mar 1933

Automobiles - Guest - Contributory Negligence

Michigan Law Review

The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.

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Insurance - Injuries Resulting From The Operation Of An Automobile Mar 1933

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. …

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Carriers - State Regulation Of Interstate Motor Carriers Feb 1933

Carriers - State Regulation Of Interstate Motor Carriers

Michigan Law Review

Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …

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Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier Jan 1933

Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier

Michigan Law Review

Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …

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Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading Jan 1933

Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading

Michigan Law Review

Goods were shipped from Maine to El Paso, Texas, on a through bill of lading which provided that the carrier in possession of the property described "shall be liable as at common law for any loss thereof or damage thereto." The goods were destroyed by fire, without negligence, while in the possession of the Galveston Wharf Company. This company owned, in addition to certain piers, railroad trackage from these piers to connections with the delivering carrier and other railroads running out of Galveston. Its filed tariff provided that it should be liable only for negligence. Held, the Wharf Company's …

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Negligence-"Family Automobile" Doctrine Applied To Motorboat Nov 1932

Negligence-"Family Automobile" Doctrine Applied To Motorboat

Michigan Law Review

Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.

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Railroads-Right To Drill For Oil Or Gas On Right Of Way Jun 1932

Railroads-Right To Drill For Oil Or Gas On Right Of Way

Michigan Law Review

A railroad had acquired a one-hundred-foot strip of land through a farm, the deed describing the land granted by metes and bounds, and "for railroad purposes only." For fifty years the defendant has continuously used the strip for railroad purposes. The plaintiff, who became owner of the farm and successor to whatever rights in the strip remained to his grantor, sought to enjoin the defendant from drilling for oil and gas in the strip. Held, that the railroad had purchased a fee simple absolute in the strip and was therefore entitled to develop its own minerals. Quinn v. Pere …

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Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute Jun 1932

Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute

Michigan Law Review

Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …

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Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street Apr 1932

Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street

Michigan Law Review

In driving his automobile plaintiff approached a "stop" street and stopped his car as required by law; he then entered the intersection and collided with defendant's car, which approached from plaintiff's left on the "through" street. On the trial of an action for the resulting damage the court instructed the jury that the vehicle on the through street "shall have right of way over all other vehicles approaching or traveling upon all streets intersecting said designated boulevard." Held, such instruction is erroneous, for the ordinance did not give the traveler on the through street right of way over cars …

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An Important Study Of The Interstate Commerce Commission Apr 1932

An Important Study Of The Interstate Commerce Commission

Michigan Law Review

A review of THE INTERSTATE COMMERCE COMMISSION - A STUDY IN ADMINISTRATIVE LAW AND PROCEDURE. By I. L. Sharfman

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Negligence - Contribution Between Concurrent Tort Feasors - Subrogation Mar 1932

Negligence - Contribution Between Concurrent Tort Feasors - Subrogation

Michigan Law Review

A truck owner parked his truck on a public street at night knowing that the rear light was not burning. A Minnesota statute made it illegal to park a car at night without a light. The defendant negligently ran into the truck, whereby one of his companions was injured. The plaintiff, as insurer of the truck owner, paid for the injury, becoming subrogated to any right of contribution which the truck owner might have against the defendant. Held, that if the truck driver were guilty of negligence only, recovery could be had, but where there is an intentional wrong …

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Carriers - Allocation Of Rate Charges On Cost Basis Feb 1932

Carriers - Allocation Of Rate Charges On Cost Basis

Michigan Law Review

In a proceeding in equity to secure the annulment of an order of the Interstate Commerce Commission fixing the cost of icing, for shipments of poultry and dairy products originating in the six western states, on the "cost of ice" basis already existing in the other forty-two states, it was held that the rate is reasonable if it furnishes reasonable and adequate return for service rendered, and such return must pay cost of that service as distinguished from all other service, plus reasonable profit thereon; but that, in arriving at this "cost of ice" rate, the Interstate Commerce Commission was …

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Carriers - Ferries - Liability For Automobile Lost In Transit Feb 1932

Carriers - Ferries - Liability For Automobile Lost In Transit

Michigan Law Review

The plaintiff purchased a ticket for passage on the defendant's ferry and drove his car aboard. During transit, and through no negligence on the part of the defendant, the boat ran upon a stone piling and sank. Held, that the defendant, although a common carrier, had not received and accepted the automobile, and therefore was not subject to insurer's liability. Mercer v. Christiana Ferry Co. (Del. 1930) 155 Atl. 596.

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Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat Feb 1932

Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat

Michigan Law Review

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …

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Carriers-Long And Short Haul Clause-Interpretation Jun 1931

Carriers-Long And Short Haul Clause-Interpretation

Michigan Law Review

The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …

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Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs May 1931

Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs

Michigan Law Review

Complainants instituted this suit to set aside an order of the Interstate Commerce Commission prohibiting the transportation of private passenger train cars, including so-called office cars of other carriers, free or at other than published tariff rates. Held, the transportation of a private or office car of another carrier is subject to the filed tariffs which "apply to all traffic transportation and facilities" defined in the Interstate Commerce Act. L. & N. R. Co. and others v. United States, U. S. Sup. Ct. 1931, Adv. Op. No. 333, 51 Sup. Ct. 39.

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Carriers-Freight Payable In Cash May 1931

Carriers-Freight Payable In Cash

Michigan Law Review

The railroad company sought to recover freight charges on coal shipped to defendant. On delivery, the carrier had accepted defendant's check on a local bank for the amount of the charges, as usual. Before presentment the bank failed and defendant contended it was relieved from liability because of the carrier's unjustifiable delay in presenting the check. The Supreme Court held that a payment by check on demand drawn on a going bank in which the drawer has an ample deposit comes within the requirement of the Interstate Commerce Act that payment must be made in money, so defendant was entitled …

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Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity May 1931

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity

Michigan Law Review

Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …

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Review: Watkins On Shippers And Carriers, Chas. E. Cullen May 1931

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.

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