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Articles 61 - 90 of 285
Full-Text Articles in Transportation Law
Common Carrier Liability In The Atomic Age: The Cummins Amendment To The Interstate Commerce Act, Anthony F. Arpaia, Clarence G. Jensen
Common Carrier Liability In The Atomic Age: The Cummins Amendment To The Interstate Commerce Act, Anthony F. Arpaia, Clarence G. Jensen
Michigan Law Review
Any discussion of carriers' liability for goods transported by them necessarily begins with the famous case of Coggs v. Bernard. There Lord Holt two hundred and fifty years ago stated the obligation of carriers to their patrons in language which has lost none of its force and clarity by the lapse of time.
Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Michigan Law Review
The State of New York has approved a statute, to go into effect July 1, 1953, which stipulates that any person who operates a motor vehicle or motorcycle in the state shall be deemed to have given his consent to chemical tests of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood. If such a person refuses to allow the tests, they will not be made, but the commissioner shall revoke his license or permit to drive, including the nonresident operating privilege. This is the first statute of its type and merits …
Negligence-Contributory Negligence-Effect Of Violation Of Statute By Minor Plaintiff, Richard P. Matsch S.Ed.
Negligence-Contributory Negligence-Effect Of Violation Of Statute By Minor Plaintiff, Richard P. Matsch S.Ed.
Michigan Law Review
Plaintiff's decedent, a thirteen year old boy, was killed in a collision between his bicycle and defendant's automobile. Both vehicles were travelling in the same direction on a public highway when, according to the defendant's testimony, the boy suddenly made a left tum in front of the automobile and was struck. The defendant asserted that the child failed to give any signal indicating a tum and therefore violated the Utah statute prescribing rules of the road. Defendant moved for a directed verdict on the issue of contributory negligence charging that the conduct of the decedent was negligence per se. The …
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 …
Negligence-Duty Of Care-Determination Of Plaintiff's Status Under Guest Statute, Donald M. Wilkinson, Jr.
Negligence-Duty Of Care-Determination Of Plaintiff's Status Under Guest Statute, Donald M. Wilkinson, Jr.
Michigan Law Review
Plaintiff, a boy scout, was assisting in a paper collection for the benefit of his troop, and while so doing, was injured when he attempted to regain his position on a utility trailer attached to the assistant scoutmaster's automobile. Plaintiff brought suit against the assistant scoutmaster, alleging negligent operation of the automobile. Defendant's motion for judgment on the pleadings was granted in the lower court, but this ruling was reversed in the court of appeals. On appeal to the Supreme Court of Ohio, held, affirmed, three judges dissenting. Defendant was deemed to have been benefited by plaintiff's activities to …
Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young
Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young
Michigan Law Review
Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …
Evidence-Presumptions-Plaintiff's Res Ipsa Loquitur Against Defendants Presumption Of Due Care, Bernard A. Petrie S.Ed.
Evidence-Presumptions-Plaintiff's Res Ipsa Loquitur Against Defendants Presumption Of Due Care, Bernard A. Petrie S.Ed.
Michigan Law Review
Plaintiff sued for injuries resulting when an automobile which defendant was driving and in which plaintiff was sleeping left the highway. There was evidence that defendant suffered retrograde amnesia and could not recall the circumstances of the accident. The court, instructing on res ipsa loquitur for plaintiff, told the jury that it might infer negligence from the fact that the automobile inexplicably left the highway. The court also instructed that, if the jury believed that defendant suffered a loss of memory, defendant was presumed to have exercised due care. Verdict for defendant. Plaintiff contended that instruction on the presumption of …
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Michigan Law Review
It is the purpose of this comment to examine the admissibility and probative value of the tests available for determining the amount of alcohol in the human system.
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Michigan Law Review
Defendant was driving his car along a straight and unobstructed stretch of gravel road when it ran off the road, overturned, and injured the plaintiff, who was a passenger. There was some conflict in the evidence as to the speed of the car and the only evidence that the defendant could offer as to the cause of the accident was a statement that it could have been the gravel or a tie rod. The trial court directed a verdict for the plaintiff. On appeal, held, affirmed. The car left a straight and unobstructed highway and there is no showing …
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiff sued in New York to recover for injuries sustained in a crash of an airplane owned and operated by the defendant. Plaintiff's pleading and proof relied upon general negligence and res ipsa loquitur, but after evidence of specific negligence was elicited upon cross examination of defendant's witness, plaintiff also used such specific negligence in argument to the jury. The defendant excepted to the jury instruction which gave the plaintiff the benefit of the res ipsa loquitur doctrine. Verdict was for the plaintiff. On appeal, held, the plaintiff was entitled to the benefit of the res ipsa loquitur doctrine, …
Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr.
Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr.
Michigan Law Review
A father signed his daughter's application for a driver's license in accordance with the terms of a Utah statute, which required that the application for a minor's driver's license be signed by the parent or guardian, and imputed liability for the minor's negligence or wilful misconduct to the person signing the application. Before the daughter reached her majority (i.e., eighteenth birthday), the following events took place: (1) her mother was given sole custody of her in a divorce action; (2) she married; and (3) she negligently drove her car against the plaintiff, who brought suit against the daughter, her husband, …
Torts-False Imprisonment-Public Nuisance-Liability For Double Parking, James I. Huston S.Ed.
Torts-False Imprisonment-Public Nuisance-Liability For Double Parking, James I. Huston S.Ed.
Michigan Law Review
Defendant had unlawfully double parked his car, thereby blocking plaintiffs' car which was parked at the curb. Plaintiffs sued for $25, alleging only discomfort and inconvenience as their damage. Defendant moved for judgment on the pleading. Held, the complaint states a good cause of action on a public nuisance theory. Harnik v. Levine, Municipal Court of City of New York, 106 N.Y.S. (2d) 460 (1951).
Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed.
Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed.
Michigan Law Review
As a result of an automobile accident in Missouri, the plaintiff, a resident of Missouri, brought a damage action in Missouri against the defendant, a resident of Illinois. Service was had on the defendant by serving the Secretary of State of Missouri and sending notice by registered mail to the defendant, pursuant to the Missouri nonresident motorist statute. Service was received by the Secretary of State on January 13, 1951, and notice was received by the defendant on January 20, 1951. The defendant removed the cause to the federal district court on February 9, 1951. The plaintiff moved to remand …
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Michigan Law Review
Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver. The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly …
Negligence-Duty Of Care-Pedestrian Crossing Between Cars Of A Train, Joseph M. Kortenhof
Negligence-Duty Of Care-Pedestrian Crossing Between Cars Of A Train, Joseph M. Kortenhof
Michigan Law Review
While attempting passage between cars of a train which was obstructing a public crossing in violation of a statutory time limit, plaintiff was severely injured when the train was set into motion without warning. Plaintiff testified that he did not see the engine of the train since it was at the end of a long string of cars. The trial court excluded plaintiff's evidence that for thirty years it has been the custom of the town's inhabitants to cross between the cars of a train which was blocking a public crossing. Upon completion of plaintiff's case, the trial court sustained …
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Negligence-Violation Of A Dog-Leash Ordinance As A Basis For Negligence, John J. Edman S. Ed.
Michigan Law Review
Defendant, in violation of a city ordinance requiring every owner or custodian of a dog to keep the animal on his own premises unless on a leash and under control of a competent person, allowed his dog to run loose on the street. On collision of the dog with plaintiff's motor scooter, plaintiff brought suit for injuries incurred, claiming negligence per se by defendant through violation of the ordinance. The trial court sustained defendant's demurrer. On appeal, held, reversed. The violation of the ordinance was negligence per se, since the purpose of the ordinance included the protection of people …
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. …
Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.
Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.
Michigan Law Review
A traffic regulation of the City of New York provides that "[n]o person shall operate, or cause to be operated, in or upon any street an advertising vehicle; provided that nothing herein contained shall prevent the putting of business notices upon business delivery vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merely or mainly for advertising.'' Railway Express Agency, Inc., which owns and operates about 1,900 trucks in New York City, sold the space on the exteriors of these trucks for advertising unconnected with its own business. …
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.
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Michigan Law Review
Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Michigan Law Review
Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …
Process--Substituted Service On Nonresident Motorists, David S. De Witt
Process--Substituted Service On Nonresident Motorists, David S. De Witt
Michigan Law Review
While in Missouri, defendant, a nonresident, lent his automobile to two minors who were later involved in a collision in which plaintiff was injured. Although defendant was not present at the accident, the act of lending the vehicle to the minors was alleged by plaintiff to be negligent. Jurisdiction over defendant was sought by service upon the Secretary of State of Missouri in reliance on statute. In a motion to quash service, defendant claimed that his use of the vehicle did not result in plaintiff's injury, and that the operator was not his agent at the time of the injury. …
Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed.
Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed.
Michigan Law Review
While in Arkansas, appellee, an Illinois resident, drove a third party's automobile and was involved in a collision in which plaintiff's intestate was killed. Plaintiff instituted a negligence action in an Arkansas court against appellee, who had previously returned to Chicago, by service and notification pursuant to the Arkansas nonresident motorist service statute. Appellee appeared specially and moved to quash the service as ineffective under the statute. On appeal from the lower court's decision sustaining the motion, held, affirmed. The statutory language which permitted service on a nonresident "owner" did not allow service on a nonresident "driver." Kerr v. …
Gifts - Causa Mortis -Automobiles - Effect Of Statute On Transfer Of Title By Gift And Will, Stephen A. Bryant
Gifts - Causa Mortis -Automobiles - Effect Of Statute On Transfer Of Title By Gift And Will, Stephen A. Bryant
Michigan Law Review
Plaintiff filed a bill in chancery seeking a declaration of rights with respect to an automobile to which she claimed title by reason of a gift causa morris. Although the evidence offered by plaintiff on trial tended to support a valid common law gift causa mortis, defendant contended that the gift was ineffective because of the failure of the donor to comply with a statute which stated that "in the event of the sale or other transfer . . . of the ownership of a motor vehicle for which a certain certificate of title has been issued . . . …
International Law And Air Transportation, Charles S. Rhyne
International Law And Air Transportation, Charles S. Rhyne
Michigan Law Review
There was never a time when the people of this nation were more internationally-minded than they are today. The position of world leadership which has now been assumed by, or thrust upon, the United States makes the study of international relations under international law a most vital subject. It is our purpose here to consider the legal rules which have been and are being developed to govern a field whose technical achievements are one of the primary reasons why lawyers and laymen alike are vitally concerned with international law today-the field of international air transportation.
Process-Applicability Of Nonresident Motorist Statutes To Accidents On Private Property, Chester Lloyd Jones S.Ed.
Process-Applicability Of Nonresident Motorist Statutes To Accidents On Private Property, Chester Lloyd Jones S.Ed.
Michigan Law Review
Defendant, a nonresident combine operator, in the course of performance of a contract to harvest plaintiff's wheat crop, drove his vehicle into the plaintiff's wheat field thereby causing a fire which destroyed part of the crop. Plaintiff began an action against defendant by service in accordance with a nonresident motorist statute. The applicable statute read in part:" . . . the acceptance by a nonresident . . . of the rights and privileges . . . to operate motor vehicles on the public highways of the state . . . shall be deemed equivalent to an appointment . . . …
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 …