Legal Opinion

Dasovich v. Longacre

Michigan Supreme Court

Decided February 28, 1949No. Docket No. 32, Calendar No. 42,850PublishedCited by 12 opinions

1Opinion of the Court

I am not in accord with the holding of Mr. Justice NORTH that Gertrude Dasovich was guilty of contributory negligence as a matter of law.

The trial court directed a verdict in favor of defendant at the conclusion of plaintiff's case. It is a fundamental rule that where the court has directed a verdict against plaintiff on the ground of contributory negligence as a matter of law the evidence must be viewed in the light most favorable to plaintiff. SeeLane v. B J Theatres, Inc., 314 Mich. 666.

It is also the rule that a party is not required to make his case by a single witness. See Bullen v.…

2Cases cited2 opinions

  1. Lane v. B & J Theatres, Inc.Michigan Supreme Court · 1946
  2. Bullen v. Wakefield Crushed Stone Co.Michigan Supreme Court · 1926

3Cited by12 opinions

  1. Davis v. New York Central RailroadMichigan Supreme Court · 1957
  2. Routhier v. City of DetroitMichigan Supreme Court · 1953
  3. Staunton v. City of DetroitMichigan Supreme Court · 1951
  4. Knoellinger v. HenslerMichigan Supreme Court · 1951
  5. Fitzpatrick v. RitzenheinMichigan Supreme Court · 1962

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