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Articles 1471 - 1500 of 1598
Full-Text Articles in Transportation Law
Discrimination Between Companies Operating Motor Bus Lines, Bernard C. Gavit
Discrimination Between Companies Operating Motor Bus Lines, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Service Of Process On Non-Resident Motorists, Thomas Frank Konop
Service Of Process On Non-Resident Motorists, Thomas Frank Konop
Journal Articles
Is it constitutional to remotely serve a defendant process? Traditionally there have been four ways to serve process; personally, constructively, substituted, and the statutorily. Several states have enacted statutes that enable motorist to be served process despite being non-residents of the state. This note explores the constitutionality of service of process for non-resident motorist in light of contemporary decisions handed down from the U.S. Supreme Court and the Supreme courts of the several states.
Passenger Tickets As Contracts, Edwin C. Goddard
Passenger Tickets As Contracts, Edwin C. Goddard
Michigan Law Review
The most important right of the common carrier of passengers is his right to compensation. He carries for hire. This compensation he ordinarily collects by selling to the prospective passenger a ticket. Of these tickets there are many varieties, from the simple rectangular bit of cardboard, with the printed statement that it is good for one ride from X to Y, to the long coupon ticket, with elaborate provisions in fine print, providing for the passenger knows not what. What is the legal character of this ticket?
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Michigan Law Review
The problem of protecting the public from injuries arising from the use of automobiles upon public highways has recently been subjected to a form of legislative solution that is distinctly different from the earlier attempts. The devices first employed were measures which dealt with the licensing of cars and with the regulation of their use. Later, when the need for giving financial substance to the tort liabilities of motorists appeared, steps were taken in the direction of fixing vicarious liabilities upon the owners of automobiles. This was done to some extent by the courts which announced the "family purpose doctrine," …
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Michigan Law Review
When a carrier delivers goods to an improper person, a nice question arises as to whether the carrier may recover the goods from a bona fide purchaser who bought from the one to whom the carrier delivered. Let us consider first a comparatively simple case.
The Family Automobile And The Family Purpose Doctrine, Walter E. Treanor
The Family Automobile And The Family Purpose Doctrine, Walter E. Treanor
Indiana Law Journal
No abstract provided.
Intoxicating Liquors--Indictment For Unlawful Transportation--Failing To Negative The Exception In The Statute, J. G. J. Jr.
Intoxicating Liquors--Indictment For Unlawful Transportation--Failing To Negative The Exception In The Statute, J. G. J. Jr.
West Virginia Law Review
No abstract provided.
Negligence--Liability Of State Road Commission For Personal Injuries Arising Out Of Failure To Repair Highways, R. T. D.
West Virginia Law Review
No abstract provided.
Carriers-Limit Of Liability In Bill Of Lading Where Carrier Converts Shipment
Carriers-Limit Of Liability In Bill Of Lading Where Carrier Converts Shipment
Michigan Law Review
The Carmack and Cummins Amendments to the act of 1887 have wrought some startling changes in the law applicable to interstate shipments. But the end is not yet. The provision in those amendments which makes the initial carrier liable on a bona fide contract, to the amount fixed in the published tariff, "for loss, damage or injury to such property, caused by it or by any common carrier * * * to which such property may be delivered or over whose line or lines such property may pass", provokes the question as to how broadly that provision is going to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
Michigan Law Review
X accepts an invitation to ride with his friend A, in the latter's coupe. B has a party of friends in his new limousine. Both drivers are careless; the cars collide; and X is injured. X brings suit against B, and the latter has A brought into court as a defendant, a proceeding permitted under the provisions of the Wisconsin code of civil procedure. B claims the right of contribution against A, in the event that X is successful in his suit, and also asks affirmative relief against A for the damage done to his limousine. A counters with a …
Criminal Assault Through Negligence--Bonding Automobile Drivers
Criminal Assault Through Negligence--Bonding Automobile Drivers
Michigan Law Review
The Supreme Court has recently declared constitutional and valid the New York legislation requiring taxi-cab drivers to file with the state a surety bond or an insurance policy conditioned for the payment of judgments against the driver for personal injuries caused by the operation or the defective construction of his vehicle. Packard v. Banton (Feb., 1924) Adv. Ops. No. 126. The amount of the bond or policy required is only $2,500, though with a continuing liability for that amount during the period of the bond. It appears from the court's opinion that the insurance companies charged a premium of $900 …
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Michigan Law Review
The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Michigan Law Review
Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?
Torts--Contributory Negligence--Duty To Stop, Look And Listen, E. C. D.
Torts--Contributory Negligence--Duty To Stop, Look And Listen, E. C. D.
West Virginia Law Review
No abstract provided.
Fraudulent Bills Of Lading, Merton L. Ferson
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.
Constitutional Law--Equal Protection Of The Laws--Imposition Of Penalties On Common Carriers For Fialure To Settle Claims
Michigan Law Review
A Nebraska statute provided that common carriers should settle properly presented claims for loss of and damage to freight within sixty days from the presentation thereof, and in case such settlement was not made and more was recovered in a subsequent suit than had been tendered by the carrier, the amount found due should carry as a penalty seven per cent interest from the presentation of the claim and reasonable attorney's fees. In case of appeal, an additional attorney's fee might be included if the plaintiff succeeded. The plaintiff company presented a large number of freight claims, which were all …
Carriers--Care Required To Discover Obstructions, K. V. J.
Carriers--Care Required To Discover Obstructions, K. V. J.
West Virginia Law Review
No abstract provided.
Contributory Negligence--Look And Listen Rule, C. P. H.
Contributory Negligence--Look And Listen Rule, C. P. H.
West Virginia Law Review
No abstract provided.
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
Carriers--Uniform Bill Of Lading--Liability As Insurer Or Warehouseman, C. P. H.
West Virginia Law Review
No abstract provided.
Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen
Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen
Michigan Law Review
Although the three lectures contained in this volume are propounded as a "trinity," the reader will not find in them that unity which is of the essence of a trinity, as distinguished from an aggregate of three. The author proposes a "triune division" of legal science, Past, Present and Future. But the first lecture deals with a particular phase of the past, the second with a remotely related phase of the present, and the last with a quite unrelated phase of the future, so that they have little in common, save the brilliance that sparkles through them all.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The plight of the public utilities following the World War has been shouted in a babel of demands for increased rates from one and all. The public has turned a doubting or hostile ear to these demands, and the utilities have overwhelmed the utility commissions with a vast mass of evidence to prove their case. None seem to have been harder hit than the electric railways. Some have ceased to operate, automobiles have already made deep cuts in their revenues, and there are not wanting those who predict that the electric railways, operating on fixed tracks, are already out of …
Railroads--Duty To Take Precautions To Avoid Injury To Domestic Animals Near Track, M. H. M.
Railroads--Duty To Take Precautions To Avoid Injury To Domestic Animals Near Track, M. H. M.
West Virginia Law Review
No abstract provided.
License--Licensor-S Liability To Licensee--Duty On Railroad Company, M. T. V.
License--Licensor-S Liability To Licensee--Duty On Railroad Company, M. T. V.
West Virginia Law Review
No abstract provided.
Carriers--Baggage--What Constitutes Baggage, W. F. K.
Carriers--Baggage--What Constitutes Baggage, W. F. K.
West Virginia Law Review
No abstract provided.
Municipal Corporations--Liability For Torts: Governmental Function--Maintenance Of Highways: What Constitutes Being "Out Of Repair", M. T. V.
West Virginia Law Review
No abstract provided.