Garrigan v. LaSalle Coca-Cola Bottling Co.

{dissenting). While operating his truck in a southerly direction on US-23 in Bay county, plaintiff ran into the rear of a vehicle owned by defendant and operated by its employee. As a result plaintiff sustained severe personal injuries and his motor vehicle was badly damaged. He instituted this action for damages on the theory that the negligence of defendant’s employee was a proximate cause of the accident, and the jury returned a verdict in his favor.

Section 402 of the Michigan vehicle code* (CLS 1956, § 257.402 [Stat Ann 1960 Rev § 9.2102]) provides in part as follows:

“In any action, in…