Robinson v. Russ

Quinn and O’Hara, JJ.

(concurring in result). We are totally unsympathetic with the result reached in this case. It offends against what we consider always to have been the basic requirement of a complaining party in making a jurysubmissible issue in a negligence case.

It might have been the better part of wisdom to *29have submitted the case to the jury under GCR 1963, 5151 thus permitting the trial judge to do the same thing he did on a motion non obstante veredicto if he concluded a finding of negligence and consequential damage was unwarranted. If the jury took the contrary view, the…