Legal Opinion · Concurrence

Cooke v. Brown

Michigan Supreme Court

Decided December 1, 1961No. Docket 12, 13, Calendar 48,828, 48,829Published

1ConcurrenceSouris, J.

Mr. Justice Black has written fo-r reversal on the ground that the trial judge committed error prejudicial to plaintiffs in'his charge"tcfthe jury. I agree. I agree also that plaintiffs were not, on this record, entitled to directed verdicts on the issue of. causal negligence.; Nothing con*178tained in either opinion in Nabozny v. Hamil, 361 Mich 544, justifies plaintiffs’ reliance thereon in support of their motion for directed verdicts.

Dethmers, C. J., and Carr and Edwards, JJ., concurred with Souris, J. Otis M. Smith, J., took no part in the decision of this case.

2Cases cited1 opinion

  1. Nabozny v. HamilMichigan Supreme Court · 1960