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Articles 31 - 60 of 285
Full-Text Articles in Transportation Law
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Michigan Law Review
A Review of Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt.
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Michigan Law Review
The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.
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 …
Conflict Of Laws- Foreign Executors And Administrators - Constitutionality Of Nonresident Motorist Statute Providing For Jurisdiction Over Personal Representatives, Thomas E. Kauper
Michigan Law Review
Decedent was killed when his car collided with another on a Missouri highway. Both the driver of the second car and its owner, residents of Nebraska, were also killed. Decedent's widow brought a wrongful death action. in Missouri against the Nebraska-appointed adminstratrixes of the estates of the driver and the owner of the second car. Summonses were served on the Secretary of State of Missouri in compliance with the Missouri Long Arm Statute which specifically provides for service upon and jurisdiction over the administrators of the estates of nonresident motorists. The trial court overruled defendants' motions to quash: On petition …
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Michigan Law Review
Unification of separate independent business enterprises in a single organization may raise important questions of antitrust policy. The entity which emerges may have acquired, as a result of such unification, a market position of such significance that a substantial lessening of competition or even the creation of a monopoly becomes not only possible but probable. This would be apparent whenever opportunities for buyers of the products or services of the new single unit to shop freely, and to make independent decisions as to prices, channels of purchases and selection of suppliers were to be seriously curtailed, or where such curtailment …
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Michigan Law Review
If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …
Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches
Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches
Michigan Law Review
Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Michigan Law Review
Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Michigan Law Review
Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Michigan Law Review
Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Michigan Law Review
A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Michigan Law Review
Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …
Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss
Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss
Michigan Law Review
In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Negligence - Breach Of Duty - Assured Clear Distance Ahead Doctrine, Herbert A. Bernhard
Michigan Law Review
Plaintiff, while driving an automobile through a tunnel, collided with defendant's truck, which was stopped without lights. The Pennsylvania Vehicle Code requires an operator to drive at such a speed as will enable him to stop within the "assured clear distance ahead." Plaintiff alleged he was temporarily blinded by the sudden change from bright sunlight to the darkness of the tunnel. The jury found for plaintiff, but defendant's motion for judgment n. o. v. was granted. On appeal, held, affirmed, one justice dissenting. Plaintiff's failure to stop his automobile within the assured clear distance ahead constituted contributory negligence as …
Regulation Of Business - Jurisdiction Of The Civil Aeronautics Board And The Federal Trade Commission - Investigations In The Interest Of The Public, Robert W. Steele S.Ed.
Regulation Of Business - Jurisdiction Of The Civil Aeronautics Board And The Federal Trade Commission - Investigations In The Interest Of The Public, Robert W. Steele S.Ed.
Michigan Law Review
Petitioner, American Airlines, filed a memorandum with the Civil Aeronautics Board requesting that respondent's request for registration of the name North American Airlines be denied. Section 411 of the Civil Aeronautics Act provides that the board has the authority to prevent air carriers from engaging in unfair methods of competition in commerce and unfair or deceptive acts or practices, and may issue a complaint against any air carrier when it shall appear to the board that a proceeding by it would be in the interest of the public. The board found that the public was confused as to the origin …
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Michigan Law Review
Plaintiffs were guests riding in defendant's automobile. Defendant stepped out of the vehicle leaving the motor running, the hand brake unset, and the automatic shift in neutral position. A departing passenger brushed against the gear lever and started the vehicle which struck a wall causing injuries to the plaintiffs. On appeal from judgment adverse to the plaintiffs, held, reversed. Defendant may be held liable for ordinary negligence. California's "guest" statute limiting guests to recovery for injuries sustained by the driver's willful misconduct does not apply in this case, since the defendant ceased to be a driver the moment he …
Federal Procedure-Venue-Use Of State Nonresident Motorist Statute To Imply Waive, Raymond R. Trombadore S.Ed.
Federal Procedure-Venue-Use Of State Nonresident Motorist Statute To Imply Waive, Raymond R. Trombadore S.Ed.
Michigan Law Review
An Illinois corporation brought suit based on diversity of citizenship in a United States district court in Kentucky against a resident of Indiana, alleging a cause of action arising from a collision which occurred on a Kentucky highway. Plaintiff secured personal jurisdiction over defendant by serving process upon the Secretary of State of Kentucky who in tum gave notice to the defendant in accordance with the Kentucky nonresident motorist statute. Defendant entered a special appearance and moved that the case be dismissed on the ground of improper venue. The motion was overruled and the Court of Appeals for the Sixth …
Securities - Effect Of Certificate Of Title Acts Of Sales On Encumberd Vehicles To Purchasers In Ordinary Course, Charles G. Williamson, Jr. S.Ed.
Securities - Effect Of Certificate Of Title Acts Of Sales On Encumberd Vehicles To Purchasers In Ordinary Course, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
The primary purpose of this comment will be to examine the various legislative schemes in use and the bearing of the certificate of title acts on the case of mortgagee v. purchaser in ordinary course.
Taxation - Federal Income Tax - Deductibility Of Transportation Expenses Between Two Places Of Current Employment, George E. Ewing S.Ed.
Taxation - Federal Income Tax - Deductibility Of Transportation Expenses Between Two Places Of Current Employment, George E. Ewing S.Ed.
Michigan Law Review
Petitioner was employed as a high school principal by the city of Attleboro, Massachusetts, where he lived. He was also employed as an accounting instructor by Boston University, thirty-seven miles distant, two evenings a week for thirty-two weeks during the taxable year. He used his personal automobile to travel between the two cities and did not remain overnight in Boston. Neither employer expressly required him to incur any transportation expenses in connection with his teaching duties and there was no arrangement for reimbursement of transportation costs. The Tax Court affirmed the Commissioner's disallowance-- of a deduction for the automobile expenses …
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Michigan Law Review
The defendant, St. Louis and San Francisco Railway Company, maintained separate accommodations in railway coaches and terminal waiting-rooms for white and Negro passengers. Section 3 (1) of the Interstate Commerce Act makes it unlawful for a rail carrier to subject any person to any unreasonable prejudice or disadvantage. Plaintiff association joined with seventeen individual parties in filing a complaint with the Interstate Commerce Commission charging the carrier with violating the provisions of this act and in seeking an order requiring it to cease and desist from using these discriminatory practices. Held, assignment of accommodations on the basis of race …
Sales - Transfer Of Title - Effect Of Motor Vehicle Act, Charles G. Williamson, Jr. S.Ed.
Sales - Transfer Of Title - Effect Of Motor Vehicle Act, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
Plaintiffs, wholesale automobile dealers in New Mexico and Colorado, each sold a used car to a Utah dealer. The wholesalers forwarded drafts, with certificates of title attached, for payment by the dealer. The dealer sold the cars from his lot without ever having paid the drafts, and, consequently, without ever having. obtained the foreign title certificates. Plaintiffs brought replevin against the purchasers of the autos and recovered judgments. On appeal, held, reversed. The wholesalers knew that the purchaser was a used car dealer. They had transferred more than mere possession and clothed him with apparent ownership. Therefore, under the …
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Michigan Law Review
Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …
Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.
Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.
Michigan Law Review
Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Michigan Law Review
Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed.
Municipal Corporations-Special Assessments-Method Of Review Where A Special Assessment Is Levied On A Railroad Right-Of-Way, Judson M. Werbelow S.Ed.
Michigan Law Review
Defendant municipality made surface and curb improvements on a street located near plaintiff railroad's right-of-way. Four parcels of land, each containing a house, separated the right-of-way from the street on which the improvements were made. Plaintiff's right-of-way contained a single set of railroad tracks over which plaintiff's trains traveled. Property owners in the improvement district were assessed a total of $13,220.90 for the improvements, $4,715.53 of this special assessment being levied on plaintiff's right-of-way. Plaintiff brought suit to enjoin collection of that part of the special assessment which was levied on its property. The trial court found that the improvement …
Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.
Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.
Michigan Law Review
Respondent, a freight brakeman employed by petitioning railroad at its Jersey City yards, was injured while releasing the hand brakes on a freight car which was being pulled off a car float docked in navigable waters. He brought suit under the Federal Employers' Liability Act, alleging that his injury was caused by a faulty brake mechanism maintained in violation of the Safety Appliance Acts. The suit was dismissed in the district court on the ground that the Longshoremen's and Harbor Workers' Act applied exclusively, because the injury occurred on navigable waters. The court of appeals reversed, holding that this act …
Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..
Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..
Michigan Law Review
A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Michigan Law Review
Petitioner brought an action in an Arkansas state court to enjoin enforcement of a state statute which required all contract carriers using the highways of the state to secure a permit from the state Public Service Commission. The Arkansas Supreme Court found that five driver-owners who had been arrested while transporting petitioner's product in interstate commerce without such a permit were "contract carriers" within the meaning of the statute. Neither petitioner nor any of the drivers had applied for a state permit. Under the terms of the statute, granting of the permit was contingent on certain factors, such as the …