NEGLIGENCE-CONTRIBUTORY NEGLIGENCE-CUSTOMARY VIOLATION OF STATUTE BY DEFENDANT AS BEARING ON ISSUE OF PLAINTIFF\u27S CONTRIBUTORY NEGLIGENCE

Plaintiff\u27s empty truck, proceeding uphill, collided on plaintiff\u27s side of the road with defendant\u27s loaded truck which was traveling in the opposite direction. Both trucks were engaged in the same road-surfacing project. The road had a washout on defendant\u27s side. Defendant\u27s answer alleged that there was an established custom under which drivers of empty trucks yielded the right of way to drivers of loaded trucks when about to meet in a narrow or defective place in the highway; that defendant relied upon such custom which plaintiff failed to observe; and that the plaintiff\u27s failure to observe the custom constituted contributory negligence. The trial court granted the plaintiff\u27s motion to strike these allegations on the ground that they constituted no defense for defendant\u27s failure to obey a statute. On appeal, held, reversed. While the custom pleaded cannot be invoked to prove that defendant exercised due care, it can be considered in determining whether plaintiff was free from contributory negligence. Langner v. Caviness, (Iowa 1947) 28 N.W. (2d) 421

LABOR LAW-COMPULSORY ARBITRATION OF LABOR DISPUTES

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of a duty to bargain collectively. While the wave of postwar strikes did not demonstrate that the National Labor Relations Act failed in all its objectives, or that it was poor policy, such strikes did show that it failed to achieve one of its primary objectives, namely, industrial peace. This comment will consider some of the legal problems raised by those statutes providing for compulsory arbitration

CORPORATIONS-FORFEITURE OF CHARTER-CRIMINAL ACT AS A GROUND THEREFOR

Plaintiff, a private citizen, brought a civil action for forfeiture of defendant\u27s corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions shall forfeit all of its corporate franchises, and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not a condition precedent to judgment of forfeiture, and plaintiff was qualified to conduct charter forfeiture proceedings. The complaint was dismissed, however, on the ground that quo warranto, rather than a civil action, should be employed by a private citizen. Miller v. Minneapolis Underwriters Ass\u27n., Inc., (Minn. 1948) 33 N.W. (2d) 48

Effects of Different Exercise Modalities on Executive Cognitive Function

Please download pdf version here

Effects of Different Exercise Modalities on Executive Cognitive Function

Please download pdf version here

LABOR LAW-COMPULSORY ARBITRATION OF LABOR DISPUTES

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of a duty to bargain collectively. While the wave of postwar strikes did not demonstrate that the National Labor Relations Act failed in all its objectives, or that it was poor policy, such strikes did show that it failed to achieve one of its primary objectives, namely, industrial peace. This comment will consider some of the legal problems raised by those statutes providing for compulsory arbitration

CORPORATIONS-FORFEITURE OF CHARTER-CRIMINAL ACT AS A GROUND THEREFOR

Plaintiff, a private citizen, brought a civil action for forfeiture of defendant\u27s corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions shall forfeit all of its corporate franchises, and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not a condition precedent to judgment of forfeiture, and plaintiff was qualified to conduct charter forfeiture proceedings. The complaint was dismissed, however, on the ground that quo warranto, rather than a civil action, should be employed by a private citizen. Miller v. Minneapolis Underwriters Ass\u27n., Inc., (Minn. 1948) 33 N.W. (2d) 48

Carbonizing properties and petrographic composition of Taggart-bed coal from mines 30 and 31, Lynch, Harlan County, Ky. : and the effect of blending this coal with Pocahontas no. 3-and no. 4-bed coals /

"Publications on the survey of carbonizing properties of American coals": p. 43-45.At head of title: United States Dept. of the interior, Harold L. Ickes, secretary. Bureau of mines, R.R. Sayers, director.Cover title.Mode of access: Internet

United States Bureau of Mines Bulletin 411

From Introduction: "The composition and carbonizing properties of 33 coals previously tested have been given in technical papers of the Bureau of Mines and in short reports published for the most part in the Proceedings of the American Gas Association. A complete list of publications on the work previous to 1937 is appended to this report. The present report gives the composition and carbonizing properties of seven additional coals from West Virginia. The data include results of blending test in which Beckley bed low-volatile coal was used with all the high-volatile coals except the Alma coal, with which Pocahontas No. 4 coal was used.