McKenzie v. McKenzie

The death of her decedent was caused, according to plaintiff, hy the defendant automobile driver’s “gross negligence or wilful and wanton misconduct” (CLS 1961, § 257.401 [Stat Ann 1950 Rev § 9.2101]). The issue was tried to a jury. On motion the trial judge directed a verdict for defendant. The judge found the proofs insufficient to create an issue for the jury as to defendant’s liability under section 257.401. Judgment entered for defendant. Plaintiff has appealed. According to well understood rule, we consider the proof in light most favorable to plaintiff.

Plaintiff’s decedent was a guest…