• Research Paper on:
    3 Cases Analyzed Using Introduction to Legal Method and Process by Michael A. Berch

    Number of Pages: 7

     

    Summary of the research paper:

    In seven pages the cases Mitchell v. Rochester Railway Co., Hess v. Pawloski, and Rush v. Maple Heights are analyzed with the assistance of Berch's text. Five sources are cited in the bibliography.

    Name of Research Paper File: LM1_TLCBerch.rtf

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    Unformatted Sample Text from the Research Paper:
    traveling down a street maintained by the city of Maple Heights when she suffered injuries resulting from being thrown from the motorcycle upon which she and her husband were riding.  Because the road was riddled with holes, bumps and dips due to the defendants negligence to maintain the roads good repair, the plaintiffs believed they were due a monetary  settlement for the injuries sustained in the accident. 2. Plaintiff in error drove his motor vehicle so carelessly as to cause an accident with defendant in error. 3. A team  of public transportation horses driven by defendant were brought to a halt too close to plaintiffs person as she waited to board another form of public transportation, causing her severe  fright, miscarriage and subsequent illness. III. PROCEDURE 1. The Municipal Court of Cleveland did not grant the defendants motion for a new trial, at which point the defendant filed  a notice of appeal to the Court of Appeals. The Municipal Court found in favor of the plaintiff nearly eight months later, supplementing its decision with a special mandate  as a means by which to ensure the judgment was acted upon. 2. The court denied plaintiff in errors attempt to contest jurisdiction and dismiss on the grounds that his  Fourteenth Amendment rights were being violated. The statute was deemed valid with regard to police power, a challenge plaintiff in error made once again at trial. All exceptions  were overruled, and the jury found for the defendant in error. 3. The Court ruled that while the result of the womans fright may have been due to her proximity  to the horses, the very issue of being frightened does not constitute defendant responsible. IV. ISSUES 1. According to the Court, issues in this particular case were quite apparent 

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