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Transportation Law Commons

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Liability

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Articles 31 - 46 of 46

Full-Text Articles in Transportation Law

Indiana Automobile Guest Statute Construed Jan 1944

Indiana Automobile Guest Statute Construed

Indiana Law Journal

Notes and Comments: Automobiles


Auto Owner's Liability For Injury Caused By Guest Permitted To Drive - Powers V. State, Use Of Reynolds Jan 1940

Auto Owner's Liability For Injury Caused By Guest Permitted To Drive - Powers V. State, Use Of Reynolds

Maryland Law Review

No abstract provided.


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 Nov 1939

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 …


Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review Mar 1938

Automobiles - Guest Statutes - What Constitutes A Guest - Sharing Expenses On A Pleasure Trip, Michigan Law Review

Michigan Law Review

Plaintiff sued to recover for personal injuries sustained when riding with defendants in the latters' automobile. The parties were on a few days' pleasure trip. It was apparently the tacit and mutual understanding that the expenses of transportation, hotels, etc., would be shared equally. Held, plaintiff was a guest within the meaning of the guest statute, and thus had no right of recovery against the driver or owner for injury resulting from the negligence of the driver. McCann v. Hoffman, (Cal. 1937) 70 P. (2d) 909.


Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review Feb 1937

Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review

Michigan Law Review

Plaintiff was injured, when an automobile in which she was a passenger, was driven into a freight train standing across a highway on a misty night. This train had been obstructing the crossing for more than five minutes, in violation of a state statute. Plaintiff sued the railroad, alleging negligence in violating the statute. On appeal from a judgment for the plaintiff, held that plaintiff had made no case, and that the judgment should be reversed without a new trial, and with costs to the defendant. Simpson v. Pere Marquette Ry., 276 Mich. 653, 268 N. W. 769 (1936).


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.


Establishing Railroad Liability For Fires, Fowler V. Harper, Ellahue A. Harper Jan 1929

Establishing Railroad Liability For Fires, Fowler V. Harper, Ellahue A. Harper

Articles by Maurer Faculty

No abstract provided.


Fraudulent Bills Of Lading, Merton L. Ferson Apr 1923

Fraudulent Bills Of Lading, Merton L. Ferson

Michigan Law Review

Station agents, without receiving goods, have frequently signed bills of lading purporting to bind their company. When a bill of lading thus issued has been transferred to an innocent purchaser for value, the question arises whether such person may recover against the carrier company. The question is obviously one of the .agent's ability to bind his employer.


Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H. Apr 1922

Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.

West Virginia Law Review

No abstract provided.


Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard Jan 1915

Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard

Articles

A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.


The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard Jan 1915

The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard

Articles

An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.


Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard Jan 1911

Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard

Articles

When the case of Railroad v. Lockwood, 17 Wall. (U. S.) 357, settled the law that the common carrier can not contract against liability for losses due to his negligence, it did not put an end to the efforts of common carriers to escape liability for losses so arising.


Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard May 1910

Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard

Michigan Law Review

When Mr. Justice Nelson, in the New Jersey Steam Navigation Company v. Merchants' Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …


Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland Jan 1910

Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland

Articles

Limitation of a Carrier's Liability for Negligence.-This is one of the subjects which never seems to be set at rest. In making contracts, shipper and carrier do not stand upon an equality. The shipper cannot exist without the aid of the carrier, but the carrier can easily forego the business of any particular shipper. Hence the ordinary rules of contract fail in many respects to meet the demands of the situation. To properly define the limitations necessary to be placed upon these rules is not an easy task.


Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis Jan 1905

Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard Jan 1904

Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard

Books

The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected …