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Articles 1291 - 1320 of 1598

Full-Text Articles in Transportation Law

Torts-Imputation Of Negligence Of Driver To Passenger As Bar To Recovery Against Negligent Third Party. [Michigan] Sep 1946

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.

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Torts-Imputed Negligence In Michigan, Joseph N. Morency, Jr. Jun 1946

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 …

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Instructions In Regard To The Speed Of Motor Trucks, A Study In Statutory Interpretation, Frank Murray Jan 1946

Instructions In Regard To The Speed Of Motor Trucks, A Study In Statutory Interpretation, Frank Murray

Kentucky Law Journal

No abstract provided.

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Tax Impediments To Interstate Motor Vehicle Transportation, James W. Martin, Ray H. Garrison Jan 1945

Tax Impediments To Interstate Motor Vehicle Transportation, James W. Martin, Ray H. Garrison

Kentucky Law Journal

No abstract provided.

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Attorney's Right To Inspect Motor Vehicle Accident Reports - Pressman V. Elgin Jan 1944

Attorney's Right To Inspect Motor Vehicle Accident Reports - Pressman V. Elgin

Maryland Law Review

No abstract provided.

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Improving The Administration Of Justice In Traffic Courts, James W. Hodson Jan 1944

Improving The Administration Of Justice In Traffic Courts, James W. Hodson

Washington Law Review

It is high time that the bar should give careful thought to that part of the traffic enforcement problem which is legal and judicial. It is time to examine the fundamental theory of traffic law, the reason for the existence of such a body of law, and to ask whether it is being administered in tribunals equipped with proper facilities and adequate knowledge. It is time to inquire what is the purpose of traffic law, and whether its administration is such as to help serve that purpose. Such inquiry will reveal some strange and disturbing facts.

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Indiana Automobile Guest Statute Construed Jan 1944

Indiana Automobile Guest Statute Construed

Indiana Law Journal

Notes and Comments: Automobiles

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Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg Apr 1943

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 …

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Negligence--Railroads--Duty Owing Trespassers And Licensee--Effect Of Exceeding License, D. V. B. Dec 1942

Negligence--Railroads--Duty Owing Trespassers And Licensee--Effect Of Exceeding License, D. V. B.

West Virginia Law Review

No abstract provided.

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Recent Decisions, Michigan Law Review Oct 1942

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.

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Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich Oct 1942

Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich

Michigan Law Review

The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within …

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Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge Aug 1942

Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge

Michigan Law Review

The Rosenblum Truck Lines and Manhattan Truck Lines applied to the Interstate Commerce Commission for contract carrier permits under the so-called "grandfather clause" of the Motor Carrier Act of 1935. Prior to July 1, 1935, the applicants hauled only for common carriers by motor vehicle and, in each case, principally for a single common carrier. The freight so handled was always solicited by a common carrier and accumulated at its terminal. The applicants carried only the overflow freight, employing their own insurance and paying their own operating and maintenance costs. The Interstate Commerce Commission's finding that the applicants' equipment was …

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Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr. Aug 1942

Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.

Michigan Law Review

Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of …

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Competition In Public Service--A New Interpretation, Thomas P. Hardman Jun 1942

Competition In Public Service--A New Interpretation, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

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Motor Vehicles--Constructive Service Of Process On Nonresidents--Employers Of Resident Vehicle Owner As Agent, G. S. B. Feb 1942

Motor Vehicles--Constructive Service Of Process On Nonresidents--Employers Of Resident Vehicle Owner As Agent, G. S. B.

West Virginia Law Review

No abstract provided.

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Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review Feb 1942

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 …

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Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr. Dec 1941

Automobiles--Negligence--Parking Wrecking Truck On Highway Contrary To Statute, D. D. J. Jr.

West Virginia Law Review

No abstract provided.

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Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman Nov 1941

Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman

Michigan Law Review

Under an automobile liability policy, the defendant insurer paid the plaintiff, on his judgment against the insured, the amount of compensatory damages recovered for injuries. The insurer refused, however, to pay the additional sum awarded as double damages under a statute providing that the court in its discretion might award double or treble damages where the injury was caused by a violation of certain statutory rules of the road. By the terms of the policy defendant insurance company agreed to pay "all sums which the insured shall become obligated to pay by reason of liability imposed upon him by law …

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Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review Nov 1941

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 …

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Coverage Of Auto Theft Policy Aug 1941

Coverage Of Auto Theft Policy

Indiana Law Journal

Notes and Comments: Insurance

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Carriers - Common Carriers - Segregation Of Races - Discrimination, John C. Johnston Jun 1941

Carriers - Common Carriers - Segregation Of Races - Discrimination, John C. Johnston

Michigan Law Review

Plaintiff, a negro, had purchased a railroad ticket entitling him to first class accommodations from Chicago, Illinois to Hot Springs, Arkansas. When the train entered Arkansas, the conductor, in purported compliance with an Arkansas statute requiring segregation of colored from white persons forced plaintiff to leave the Pullman car and ride in the second-class car set aside for colored passengers. Plaintiff alleged that this car was not equipped with the same conveniences which were provided for white passengers traveling first class, and he filed a complaint with the Interstate Commerce Commission claiming that he had been discriminated against in violation …

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Automobiles--The Family Purpose Doctrine--Liability Of Owner For Negligent Operation By Guest Of Son, L. R. M., K. W. Jr. Jun 1941

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.

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Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940] Mar 1941

Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]

Washington and Lee Law Review

No abstract provided.

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Some Problems Confronting Counsel In Defense Of Automobile Negligence Cases, Bert Beasley Feb 1941

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.

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Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons Feb 1941

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …

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Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller Feb 1941

Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller

Michigan Law Review

Under section 94-b of the New York Vehicle and Traffic Law, as amended in 1936 and 1939, if a judgment entered against a driver for 'damages for injury to person or property remains unpaid for fifteen days, the clerk of the court where the judgment was entered must (but only upon written demand of the judgment creditor) forward a copy thereof to the commissioner of motor vehicles, whose duty it then becomes to suspend the driving license of such judgment debtor; further, section 94-c provides (a) that such suspension shall continue for such part of three years as the judgment …

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Suggestions For The Trial Of Automobile Damage Suits, Charles A. Lowe Feb 1941

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.

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Motor Vehicles And Transportation Dec 1940

Motor Vehicles And Transportation

Indiana Law Journal

No abstract provided.

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Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers Dec 1940

Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers

Michigan Law Review

In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.

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Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom Dec 1940

Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom

Michigan Law Review

A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …

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