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Articles 1411 - 1440 of 1598

Full-Text Articles in Transportation Law

Highways--Reasonable Highway Uses--Erection Of Screens To Hide Billboards, John Hampton Hoge Apr 1932

Highways--Reasonable Highway Uses--Erection Of Screens To Hide Billboards, John Hampton Hoge

West Virginia Law Review

No abstract provided.

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Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street Apr 1932

Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street

Michigan Law Review

In driving his automobile plaintiff approached a "stop" street and stopped his car as required by law; he then entered the intersection and collided with defendant's car, which approached from plaintiff's left on the "through" street. On the trial of an action for the resulting damage the court instructed the jury that the vehicle on the through street "shall have right of way over all other vehicles approaching or traveling upon all streets intersecting said designated boulevard." Held, such instruction is erroneous, for the ordinance did not give the traveler on the through street right of way over cars …

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An Important Study Of The Interstate Commerce Commission Apr 1932

An Important Study Of The Interstate Commerce Commission

Michigan Law Review

A review of THE INTERSTATE COMMERCE COMMISSION - A STUDY IN ADMINISTRATIVE LAW AND PROCEDURE. By I. L. Sharfman

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Negligence - Contribution Between Concurrent Tort Feasors - Subrogation Mar 1932

Negligence - Contribution Between Concurrent Tort Feasors - Subrogation

Michigan Law Review

A truck owner parked his truck on a public street at night knowing that the rear light was not burning. A Minnesota statute made it illegal to park a car at night without a light. The defendant negligently ran into the truck, whereby one of his companions was injured. The plaintiff, as insurer of the truck owner, paid for the injury, becoming subrogated to any right of contribution which the truck owner might have against the defendant. Held, that if the truck driver were guilty of negligence only, recovery could be had, but where there is an intentional wrong …

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Carriers - Allocation Of Rate Charges On Cost Basis Feb 1932

Carriers - Allocation Of Rate Charges On Cost Basis

Michigan Law Review

In a proceeding in equity to secure the annulment of an order of the Interstate Commerce Commission fixing the cost of icing, for shipments of poultry and dairy products originating in the six western states, on the "cost of ice" basis already existing in the other forty-two states, it was held that the rate is reasonable if it furnishes reasonable and adequate return for service rendered, and such return must pay cost of that service as distinguished from all other service, plus reasonable profit thereon; but that, in arriving at this "cost of ice" rate, the Interstate Commerce Commission was …

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Carriers - Ferries - Liability For Automobile Lost In Transit Feb 1932

Carriers - Ferries - Liability For Automobile Lost In Transit

Michigan Law Review

The plaintiff purchased a ticket for passage on the defendant's ferry and drove his car aboard. During transit, and through no negligence on the part of the defendant, the boat ran upon a stone piling and sank. Held, that the defendant, although a common carrier, had not received and accepted the automobile, and therefore was not subject to insurer's liability. Mercer v. Christiana Ferry Co. (Del. 1930) 155 Atl. 596.

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Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat Feb 1932

Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat

Michigan Law Review

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …

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Carriers-Long And Short Haul Clause-Interpretation Jun 1931

Carriers-Long And Short Haul Clause-Interpretation

Michigan Law Review

The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …

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Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs May 1931

Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs

Michigan Law Review

Complainants instituted this suit to set aside an order of the Interstate Commerce Commission prohibiting the transportation of private passenger train cars, including so-called office cars of other carriers, free or at other than published tariff rates. Held, the transportation of a private or office car of another carrier is subject to the filed tariffs which "apply to all traffic transportation and facilities" defined in the Interstate Commerce Act. L. & N. R. Co. and others v. United States, U. S. Sup. Ct. 1931, Adv. Op. No. 333, 51 Sup. Ct. 39.

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Carriers-Freight Payable In Cash May 1931

Carriers-Freight Payable In Cash

Michigan Law Review

The railroad company sought to recover freight charges on coal shipped to defendant. On delivery, the carrier had accepted defendant's check on a local bank for the amount of the charges, as usual. Before presentment the bank failed and defendant contended it was relieved from liability because of the carrier's unjustifiable delay in presenting the check. The Supreme Court held that a payment by check on demand drawn on a going bank in which the drawer has an ample deposit comes within the requirement of the Interstate Commerce Act that payment must be made in money, so defendant was entitled …

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Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity May 1931

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity

Michigan Law Review

Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …

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Review: Watkins On Shippers And Carriers, Chas. E. Cullen May 1931

Review: Watkins On Shippers And Carriers, Chas. E. Cullen

Michigan Law Review

A Book Review on WATKINS ON SHIPPERS AND CARRIERS Fourth edition by Edgar Watkins assisted by J. Halden Alldredge.

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Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce Apr 1931

Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce

Michigan Law Review

A box of furs, shipped from London, England, to New York City, U. S. A., over the line of the defendant navigation company, was delivered to the defendant trucking company at the order of the United States because the duties had not been paid. The trucking company delivered it to the defendant warehouse where it remained a week before being moved by the same trucking company to the United States Appraisal Stores. Here it was discovered that some of the furs had been stolen from the box. Held, the defendant navigation company was not liable as initial carrier under …

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Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey Apr 1931

Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey

West Virginia Law Review

No abstract provided.

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A Review Of Common Carrier Motor Vehicle Regulation, Karl Stecker Feb 1931

A Review Of Common Carrier Motor Vehicle Regulation, Karl Stecker

Washington Law Review

Perhaps no other single factor has played so great a part in the revolution of the economic and social life of the nation during the past generation as the motor vehicle. With the growth of its importance in transportation has come the necessity for regulation. Broadly speaking, outside of the matter of general registration, the regulation, or necessity for regulation, falls within three periods corresponding with the improvement of the motor vehicle itself and with the development of the highways (1) the intracity or "jitney bus" period, (2) the intrastate period, and (3) the interstate period. The regulation of the …

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Carriers--Rates-Construction Of Hoch-Smith Resolution On Power Of Interstate Commerce Commission Over Railroad Rates Feb 1931

Carriers--Rates-Construction Of Hoch-Smith Resolution On Power Of Interstate Commerce Commission Over Railroad Rates

Michigan Law Review

California growers have for several years complained that railroad freight rates to eastern points on decidious fruits were unreasonably high, contributing to their suffering from the agricultural depression. In 1925, the Interstate Commerce Commission found these rates not reasonable nor unduly prejudicial, 100 I. C. C. 79. That year, Congress passed the Hoch-Smith Resolution, c. 120, 43 Stat. 801, 49 U. S. C. A. 55. This provided for investigation of rate structures by the Interstate Commerce Commission, and stated that in rate-making due regard should be paid to conditions in the various industries, the market-value levels of commodities, the natural …

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Constitutional Law-Action For Personal Injury As Property Feb 1931

Constitutional Law-Action For Personal Injury As Property

Michigan Law Review

In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …

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Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature Feb 1931

Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature

Michigan Law Review

The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …

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Statutes-"Reasonable Speed"-Interpretation Feb 1931

Statutes-"Reasonable Speed"-Interpretation

Michigan Law Review

In an action for damages arising out of an accident the instruction was given :that the intersection was a closely built-up portion of the city within the meaning of sec. 12003, 110 Ohio Laws p. 138 which provided, "A rate of speed greater than fifteen miles an hour in the business or closely built-up portions of a municipal corporation or more than twenty-five miles an hour in other portions thereof * * * shall be prima facie evidence of a rate of speed greater than is reasonable and proper." Upon each corner of the intersection there were buildings two or …

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Carriers-Division Of Joint Rates Feb 1931

Carriers-Division Of Joint Rates

Michigan Law Review

The divisions here involved were those to be made in joint rates between points in southwestern territory and those in western trunk-line territory, or via western territory to and from eastern points. The line between western and southwestern territory passes through St. Louis and other Missouri and Illinois towns. The divisions of these joint rates between the carriers in these territories had been in existence for many years and were without uniform or rational basis. The Interstate Commerce Commission, investigating these divisions, found them more favor able to southwestern lines than present circumstances justified. Conditions in southwestern territory had become …

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Injunction-Against Tort-Balance Of Convenience Feb 1931

Injunction-Against Tort-Balance Of Convenience

Michigan Law Review

The defendant railroad company held a lease for a right of way to and from the complainant's flour mill. In violation of their lease, and over the protest of the plaintiff, a side track was run from the branch track of the complainant to the track of the Litchfield Dairy Association and later extended to the plant of the defendant association, a competitor of the complainant. Held, the complainant was entitled to a decree restraining the defendants from moving cars for the defendant association over the complainant's side track. Affirmed. Stock and Sons v. Litchfield Coop. Shipper's Ass'n. et …

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Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff Jan 1931

Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff

Michigan Law Review

The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …

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Law Of The Air, Byron K. Elliott Dec 1930

Law Of The Air, Byron K. Elliott

Indiana Law Journal

No abstract provided.

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Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act Dec 1930

Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act

Michigan Law Review

See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.

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Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination Dec 1930

Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination

Michigan Law Review

To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …

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Corporations-Stock Conversion-Obligation Of Interstate Carrier Nov 1930

Corporations-Stock Conversion-Obligation Of Interstate Carrier

Michigan Law Review

Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …

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Aerial Navigation Nov 1930

Aerial Navigation

Michigan Law Review

With the rapid increase of the use of the air by airplanes and other craft, courts are bound to be called upon frequently to determine the rights and liabilities of the owners and operators of aircraft with reference to other persons in various positions. It is probable that, as was found to be true in the cases of other new devices, the principles of the common law are sufficiently elastic and adaptable to determine the settlement of most, if not all, of the controversies.

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Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart Jun 1930

Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart

West Virginia Law Review

No abstract provided.

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Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance Apr 1930

Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance

Indiana Law Journal

No abstract provided.

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Automobiles-Gratuitous Bailee-Imputed Negligence Mar 1930

Automobiles-Gratuitous Bailee-Imputed Negligence

Indiana Law Journal

No abstract provided.

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