Balcer v. Pere Marquette Railway Co.

December 30, 1930, about 7:15 p. m., plaintiff, 15 years old, was injured in a collision between a Ford truck, driven by Chester, 15-year old son of defendant Andrzejewski, owner of the truck, and defendant railway company’s freight train, in the city of Bay City. Plaintiff was a guest passenger. He charged Chester with gross negligence and the company with ordinary negligence. The court directed verdict for both defendants on the ground that Chester was guilty only of ordinary negligence and that it was the sole proximate cause of the collision.

Plaintiff and Chester were going skating.…