Hett v. Duffy

For at least a quarter century prior to advent of Schillinger v. Wyman, 331 Mich 160, the presumption of due care was applied, denied, or submitted in our trial courts according to the useful and intelligent rules that were analyzed so exhaustively in Gillett v. Michigan United Traction Company, 205 Mich 410. Schillinger has temporarily sidetracked Gillett. The question is — for how long?

Gillett is firmly grounded on Cooley doctrine (Teipel v. Hilsendegen, 44 Mich 461) and it classifies cases to which the presumption should or should not apply as follows :*(a) The case where direct, positive,…