Carey v. Levy

Plaintiffs brought this suit to recover damages alleged to have been suffered by them in consequence of an automobile collision in the city of Detroit, on the 9th day of December, 1948. On grounds hereinafter noted defendants moved to dis miss plaintiffs’ suit. Defendants’ motion was granted unless proof was filed in court that restitution had been made within a time limited. Plaintiffs, who did not make restitution, have appealed.

Briefly stated, plaintiffs claim that while plaintiff Hosea A. Carey was driving his automobile on the date above mentioned it was struck by a Ford pickup truck…