Lucy v. Dowd

On April 21,1935, plaintiff’s intestate was struck and killed by an automobile owned by defendant. Plaintiff, widow, and administratrix of the estate of the deceased, brought this action to recover for the damages arising out of the accident. In Lucy v. Dowd, 276 Mich. 289, we held that, in view of the evidence presented at the first trial, it was error for the lower court to direct a verdict for defendant on the ground that deceased was contributorily negligent as a matter of law. The facts are fully set forth in that opinion and need not be repeated here.

The testimony of the witnesses at…