Hall v. Iosco County Board of Road Commissioners

Plaintiff’s decedent was run over by defendant’s road grader on July 1, 1961. Suit for damages was brought under the wrongful death statute and tried before a jury which returned a verdict of no cause of action.

Plaintiff’s motion for judgment non obstante veredicto ivas denied by the trial court, and the plaintiff’s appeal of that order asserts the following errors:

1. The defendant did not introduce any credible admissible evidence to rebut the presumption of due care on the part of plaintiff’s decedent which attaches in a case where there are no eyewitnesses to the accident.

2. The court…