CORPORATIONS-STANDARD OF VALUATION OF DISSENTERS\u27 STOCK UNDER APPRAISAL STATUTES

It was a well established rule at common law that fundamental changes in the character of a corporate enterprise could be accomplished only with the consent of all of the stockholders. However, the growth and development of modem corporations necessitated abrogation of this rule of unanimity. As a result, state legislatures enacted statutes authorizing consolidations and mergers with the consent of only a prescribed majority of the shareholders. It was recognized that for business convenience, the majority group must have power to determine the future course of the corporation\u27s business and yet the individual stockholder should not be forced to remain in an enterprise substantially different from that in which he had originally invested. Therefore, provisions were adopted effecting a compromise between these divergent interests by giving the dissenters an opportunity to withdraw from the corporation and to receive payment of the appraised value of their shares

NEGLIGENCE-CONTRIBUTORY NEGLIGENCE-EFFECT OF VIOLATION OF STATUTE BY MINOR PLAINTIFF

Plaintiff\u27s decedent, a thirteen year old boy, was killed in a collision between his bicycle and defendant\u27s automobile. Both vehicles were travelling in the same direction on a public highway when, according to the defendant\u27s testimony, the boy suddenly made a left tum in front of the automobile and was struck. The defendant asserted that the child failed to give any signal indicating a tum and therefore violated the Utah statute prescribing rules of the road. Defendant moved for a directed verdict on the issue of contributory negligence charging that the conduct of the decedent was negligence per se. The trial court denied this motion. On appeal, held, affirmed. The generally accepted rule that consideration must be given to the age, intelligence and experience of an infant in determining the issue of his contributory negligence prevails over the rule that a statutory violation constitutes negligence as a matter of law. Morby v. Rogers, (Utah 1953) 252 P. (2d) 231

CIVIL PROCEDURE-PARTIES-INTERVENTION DENIED WHERE APPLICANT ASSERTS AN INDEPENDENT CAUSE OF ACTION IN DAMAGE SUIT

ln plaintiff\u27s action for property damages sustained in a collision with defendant\u27s automobile, defendant\u27s wife filed a petition of intervention for her claim against plaintiff for personal injuries received in the accident. Plaintiff\u27s motion to strike the petition of intervention was overruled by the trial court. On appeal, held, reversed. Petitioner\u27s cause of action was independent of the controversy between plaintiff and defendant and did not fall within the provisions of the court rule allowing intervention. Edgington v. Nichols, (Iowa 1951) 49 N.W. (2d) 555

REAL PROPERTY-TENANCY BY ENTIRETIES-CREATION BY DEED FROM HUSBAND TO HUSBAND AND WIFE

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W\u27s right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey the interest specified in the deed directly to his wife permits a husband, already owner of the land, to create a tenancy by entireties by a conveyance to himself and his wife. Ebrite v. Brookhyser, (Ark. 1951) 244 S.W. (2d) 625

Upper Precambrian (Eocambrian) Mineral Fork Tillite of Utah: A Continental Glacial and Glaciomarine Sequence: Discussion and Reply

Christie-Blick discussion abstract: The observations and interpretation of the Mineral Fork Tillite by Ojakangas and Matsch (1980) are most welcome. I concur with them and others that the formation is glaciogenic. However, I suggest that polish and striations on the underlying unconformity for the most part are not due to Proterozoic glacial activity, and I propose modifications to their over-all interpretation of the sequence in the Mineral Fork area. Ojakangas and Matsch reply abstract: We welcome Christie-Blick's comments, for they may serve to generate further interest in the excellent exposures of diamictite in the Big Cottonwood Canyon area of the Wasatch Range, exposures which may be among the best preserved late Proterozoic (Eocambrian) diamictites anywhere. Basically, he concurs with our major interpretation that the Mineral Fork Tillite is indeed of glacial origin, but his interpretation differs from ours in some important aspects

The southern Laurentide Ice Sheet

ver was a milestone that summarized our knowledge of the Quaternary of the U.S. in a single volume. Glacial geology was a major component of the volume, and it contained 125 pages on the Laurentide Ice Sheet (LIS) in the U.S. In the present volume, almost 40 years later, many fewer pages are devoted to the same topic, indicating the vast increase in other aspects of Quaternary studies. In the U.S., glacial geology has expanded greatly in knowledge and interest, and now glacial geologists have a much richer field and variety of techniques with which to study Quaternary history. The other chapters in this book are a clear indication of the diversity of fields that now make up what traditionally was classified as glacial geology or did not exist before 1965. Radiocarbon dating remains the most important tool for determining the chronology of the last glaciation. Accelerato