Legal Opinion
Olga Vecellio v. Jones Motor Company, Inc., a Pennsylvania Corporation, Charles A. Vecellio v. Jones Motor Company, Inc., a Pennsylvania Corporation
Court of Appeals for the Sixth Circuit
Decided August 19, 1965No. 16113, 16114Published
1Per curiam
This is an automobile-truck intersection collision case. The jury returned a verdict of no cause of action in favor of the defendant. On appeal plaintiff presents the single contention that the district judge committed reversible error in refusing to charge the jury to the effect that the defendant was guilty of negligence as a matter of law.
The accident occurred in Michigan. Jurisdiction is based on diversity of citizenship and Michigan law therefore controls. In McKinney v. Yelavich, 352 Mich. 687, 692, 90 N.W.2d 883, 885, the Supreme Court of Michigan said:
“Only under the most extreme…
2Cases cited4 opinions
- McKinney v. YelavichMichigan Supreme Court · 1958
- Lober v. SklarMichigan Supreme Court · 1959
- George Hileman, and Michigan State Accident Fund, and v. Northwest Engineering Company, a Foreign Corporation, AndCourt of Appeals for the Sixth Circuit · 1965
- Teresa Serratoni, as Administratrix of the Estate of Lois Jane Zatek, Deceased, and v. The Chesapeake and Ohio Railway Company, a Foreign Corporation, Andappellee. Eugene Ludwig, as Guardian of the Estate of Richard Paul Zatek, a Minor,teresa Serratoni, as Administratrix of the Estate of Joan Ellen Zatek,deceased, Teresa Serratoni, as Administratrix of the Estate of John Michaelzatek, Deceased, Johnzatek and Wolverine Insurance Co., a Michigan Corporation, as Subrogee of Johnzatek, and v. The Chesapeake and Ohio Railway Company, a Foreign Corporation, AndappelleeCourt of Appeals for the Sixth Circuit · 1964