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Articles 1351 - 1380 of 1598
Full-Text Articles in Transportation Law
Manslaughter By Motorists, James J. Robinson
Manslaughter By Motorists, James J. Robinson
Articles by Maurer Faculty
No abstract provided.
Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.
West Virginia Law Review
No abstract provided.
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Michigan Law Review
Before the advent of the "guest statutes," the decisions of all but a very few states recognized no degrees of negligence and measured the duty of the automobile host towards his non-paying guest by due care under all the circumstances-the "ordinary negligence" rule. In the few exceptional states, the decisions required the plaintiff to prove "gross," "wilful," or "wanton" negligence on the part of his host in order to maintain his action. And within the last decade nineteen states have adopted "guest statutes" which, with varying language, adopt the "gross negligence" rule. Since the rule of the lex loci delicti …
Wilful And Wanton Conduct In Automobile Guest Cases, John A. Appleman
Wilful And Wanton Conduct In Automobile Guest Cases, John A. Appleman
Indiana Law Journal
No abstract provided.
Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review
Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review
Michigan Law Review
Libelant through an agent purchased a steamship ticket to the West Indies. Neither libelant nor his agent had actual knowledge of a stipulation on the back of the ticket which required passengers to lodge a written notice of any claim against the steamship company within thirty days after termination of the voyage. All passengers were required to sign their tickets, but libelant failed to do so until the day after the cruise began. The district court dismissed a suit for personal injuries suffered while aboard the ship because of noncompliance with the limitation of the ticket. Held on appeal, reversing …
The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger
The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger
Indiana Law Journal
No abstract provided.
Public Utilities--Duty Of Carrier To Passenger During Transfer, G. G. B.
Public Utilities--Duty Of Carrier To Passenger During Transfer, G. G. B.
West Virginia Law Review
No abstract provided.
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Negligence - The Determination Of Existence Of Gross Negligence Making Automobile Host Liable To Non-Paying Guest, Jack L. White
Michigan Law Review
Under common-law principles a majority of courts require the motorist, who voluntarily undertakes to carry another gratuitously, to exercise the ordinary care of a reasonably prudent man in the management and operation of his automobile. The minority rule, by analogy to the gratuitous bailment cases, requires a person who invites another to ride gratis to use only slight diligence to avoid injury to that person and holds him liable for gross negligence. The minority view undoubtedly appeals to those who feel that it is unsportsmanlike to sue one's benefactor, and yet it is doubtful whether such a purely emotional foundation …
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Michigan Law Review
The deceased was fatally injured while riding as a guest in defendant's truck. In the course of the action for damages brought by the administratrix, the court instructed that "if you find from a preponderance of the evidence that the driver of the truck was guilty of willful and wanton misconduct . . . and that as a consequence thereof the accident occurred, and further, that such conduct contributed to the death of plaintiff's intestate," then the jury should find for the plaintiff. Verdict was for the plaintiff and defendant appealed. Held, that the instruction was erroneous because it …
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Michigan Law Review
Plaintiff was injured while riding on defendant's bus when it was struck by defendant's street car, the collision being caused by the derailment of the street car. It was not made clear on trial what was responsible for the derailment. Held, the defendant controlled both vehicles, the event was of a type which would not ordinarily occur if reasonable care were used, the injury to plaintiff was not due to any voluntary act on her part, so the jury could properly infer that the defendant was negligent under the doctrine of res ipsa loquitur. Birdsall v. Duluth-Superior Transit …
Nuisance Contributory Negligence As Defense, Michigan Law Review
Nuisance Contributory Negligence As Defense, Michigan Law Review
Michigan Law Review
Plaintiff brought action against the county for injuries sustained when his truck fell into an unlighted and unguarded excavation made by the county in the center of the highway for the purpose of repairing a culvert. Held, that defendant's act, though required by statute, was done in such a manner as to constitute active wrongdoing and a public nuisance, to which a plea of contributory negligence is no defense. Hammond v. Monmouth County, (N. J. S. Ct. 1936) 186 A. 452.
Railroads - Violation Of Ordinance Limiting The Obstruction Of Highways By Trains - Collision At Crossing - Proximate Cause, Michigan Law Review
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).
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Michigan Law Review
Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …
El Contrato De Fletamento Y Validez De La Cláusula De Exoneración, Alberto De Carricarte
El Contrato De Fletamento Y Validez De La Cláusula De Exoneración, Alberto De Carricarte
Mario Diaz Cruz Pamphlets
Conferencia pronunciada en la Sociedad de Legislación Comparada de La Habana, Filial de la de Paris, el dia 18 de Febrero de 1937.
Statutes-Title--Service Of Process On Non-Resident Motorists
Statutes-Title--Service Of Process On Non-Resident Motorists
Indiana Law Journal
No abstract provided.
Automobiles-Registration Of Title-Evidence Of Ownership
Automobiles-Registration Of Title-Evidence Of Ownership
Michigan Law Review
In an action for damages caused by the son's negligent operation of an automobile registered in his father's name, the court affirmed a judgment against the father as an owner consenting to the use of his automobile, and held that evidence of the son's ownership was properly stricken from the record, since unregistered transfers were void. Enfield v. Butler, (Iowa 1935) 264 N. W. 546.
Constitutional Law-Due Process--Nonresident Motorist Statute
Constitutional Law-Due Process--Nonresident Motorist Statute
Michigan Law Review
Petition for writ of prohibition on the ground that the notice provided by the Arkansas nonresident motorist statute did not meet the requirements of the due process clause of the Fourteenth Amendment. The statute required that service of process be had on the secretary of state and that the plaintiff send notice of such service to the nonresident defendant at his last known address by registered letter, and required that the defendant's return receipt or the affidavit of the plaintiff of compliance with the statute be filed in the office of the clerk of court. Held, the statute is …
Carriers - Limitation Of Liability For Negligence -True Valuation Agreement
Carriers - Limitation Of Liability For Negligence -True Valuation Agreement
Michigan Law Review
Approximately one-seventh of a shipment of cherries in brine was lost owing to improper stowage. Award of damages was resisted on the ground that the bills of lading provided for adjustment of claims "on the basis of the invoice value of the entire shipment adding expenses necessarily incurred," and that because of favorable market conditions existing at destination the entire value of the sound cherries exceeded the invoice value. Held, the quoted clause was not a genuine limitation agreement, which is valid, but a "true valuation" clause, which, since it may wholly exonerate the carrier from liability for negligence, …
Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper
Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper
Michigan Law Review
The problem of securing effective governmental regulation of economic interests that overlap state boundary lines, while at the same time curbing the growth of a centralized bureaucracy and preventing the disintegration of local government, becomes daily more disturbing. For this reason the passage of the Motor Carrier Act in the closing days of the 74th Congress and its approval by the President on August 9, 1935, was an event of singular importance for students of American governmental administration. Important as the legislation is in its substantive aspects, it is equally noteworthy because of its administrative provisions. The striking feature of …
Ownership Of Automobile As Prima Facie Evidence Of Responsibility For Negligence Of Person Operating It, Conly Purcell
Ownership Of Automobile As Prima Facie Evidence Of Responsibility For Negligence Of Person Operating It, Conly Purcell
University of Missouri Bulletin Law Series
Generally speaking, absent statutory change, an owner of an automobile is responsible for injuries resulting from its negligent operation by another, only if it is shown that, at the time of the injury, the relationship of principal and agent or master and servant existed between the owner and the operator, and that the operator was then acting in the scope of his employment. Ordinary human experience and knowledge show clearly that in the great majority of cases automobiles are operated by their owners or by some servant or agent on the owner's business. It is equally apparent that in the …
Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks
Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks
West Virginia Law Review
No abstract provided.
Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act
Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …
Criminal Law And Procedure -Automobiles -Violation Of Traffic Regulations - Liability Of Registered Owner
Michigan Law Review
A traffic ordinance of the city of Boston provided, "No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street . . . in violation of any of the rules and regulations of the Traffic Commission of the City of Boston." Under this ordinance defendant, the registered owner of a car, was convicted of overtime parking without any evidence that she herself had parked the vehicle. Defendant appealed. Held, under an ordinance such as this absence of criminal intent makes no difference and the registered owner is criminally liable. Commonwealth …
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Michigan Law Review
Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …
Torts-Negligence-"Stop, Look And Listen Rule"
Torts-Negligence-"Stop, Look And Listen Rule"
Indiana Law Journal
No abstract provided.
Federal Regulation Of Motor Carriers, Paul G. Kauper
Federal Regulation Of Motor Carriers, Paul G. Kauper
Michigan Law Review
Regulations pertaining to public safety include such matters as requirements concerning drivers' licenses, safety equipment, clearance lights, maximum speed limits, and others of a similar nature. It has already been pointed out that the states in the absence of federal regulation can enforce safety regulations of this kind against interstate motor carriers. It has also been shown that federal regulation in this field is desired in order to relieve interstate motor carriers from diverse and conflicting state laws. The only limitation upon the right of the federal government to impose such regulations upon interstate motor carriers is the general requirement …
Federal Regulation Of Motor Carriers, Paul G. Kauper
Federal Regulation Of Motor Carriers, Paul G. Kauper
Michigan Law Review
By it's policy of granting financial assistance to the States for roadbuilding purposes - a policy first inaugurated in 1916 - the federal government has made substantial contributions to the development of highway transportation in the United States. In a period of seventeen years ending with the fiscal year 1933, Congress had appropriated and allocated to the several States $1,290,000,000.00 for the purpose of building good roads. Since 1921 the use of federal aid funds has been limited to the improvement of a designated 7 per cent of each State's highway mileage. By May 31, 1933, work was completed on …
Carriers -Airplanes - Right To Limit Liability By Contract
Carriers -Airplanes - Right To Limit Liability By Contract
Michigan Law Review
Defendant corporation conducted a regular airplane passenger service between Miami and Tampa, Florida. Deceased purchased an ordinary passenger ticket at the regular price and, in the course of the trip, was killed due to the negligence of defendant's pilot. There was a stipulation in the ticket which all passengers were required to sign that "the company's liability is limited to $10,000." Wife of deceased sued for the negligent death and recovered a judgment in excess of $10,000. Held, that defendant was a common carrier, and, therefore, could not compel a passenger to release it of its legal liability. Curtis-Wright …