Legal Opinion

Benjamin v. McGraw

Michigan Supreme Court

Decided December 22, 1919No. Docket No. 79PublishedCited by 14 opinions

Error to Wayne; Mandell (Henry A.), J. Case by DeWitt C. Benjamin against William E. McGraw for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error.

1Opinion of the CourtSharpe, J.

The plaintiff sued to recover damages for injuries sustained by him by being struck by an automobile, driven by defendant, at the intersection of Baldwin and Kercheval avenues in the city of Detroit, on the 27th day of March, 1917. At the conclusion of plaintiff’s proofs, a motion was made by defendant’s counsel for a directed verdict, which was denied. After both parties had rested, such motion was renewed and a verdict for defendant directed by the trial judge for the reason that the plaintiff was guilty of contributory negligence. A motion for a new trial was subsequently made by…

2Cases cited3 opinions

  1. Baker v. . CloseNew York Court of Appeals · 1912
  2. Patterson v. WagnerMichigan Supreme Court · 1919
  3. Lynch v. Fisk Rubber Co.Massachusetts Supreme Judicial Court · 1911

3Cited by14 opinions

  1. Watrous v. ConorMichigan Supreme Court · 1934
  2. Director of the Office of State Lands & Investments v. Merbanco, Inc.Wyoming Supreme Court · 2003
  3. Church v. StoldtMichigan Supreme Court · 1921
  4. Depue v. SchwarzMichigan Supreme Court · 1923
  5. Hawkins v. ErmatingerMichigan Supreme Court · 1920

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