O'DELL v. James

This is a suit for negligence, brought in Common Pleas. Plaintiffs had verdict and judgment. Their appeal resulted in reversal and remand for new trial. O’Dell v. James (1968), 13 Mich App 574. We granted leave (381 Mich 809) to decide whether an error of instruction upon the issue of liability of a defendant in negligence is reversible where, as to that issue, the jury has found for the allegedly aggrieved plaintiff.

Cases in which this Court has appraised damage verdicts for adequacy or inadequacy are not in point. Nor is Bishop v. Plumb (1961), 363 Mich 87 (suggested at 576 below for…