Garceau v. Ishpeming-Negaunee Hospital Association

This is a personal injury negligence action. Plaintiff Garceau here appeals from a jury verdict of no cause of action and of denial of his motion for a new trial. Error is alleged to have been committed by the court in its instructions to the jury in 3 particulars, vis.:(1) that the instructions unduly emphasized and repeated the phrase “no cause of action” and that the burden of proof was on the plaintiffs,(2) that the court erred in instructing the jury that negligence must be proven beyond the fact of the accident itself where it used the term “unavoidable accident,”(3) that it was error…