Vanderah v. Olah

387 Mich. 643 (1972)

199 N.W.2d 449

VANDERAH

v.

OLAH

No. 10 October Term 1971, Docket No. 53,103.

Supreme Court of Michigan.

Decided July 26, 1972.

Craig, Fried & Heidt, for plaintiff.

Rouse, Selby, Dickinson, Shaw & Pike (by Richard Haskins), for defendants.

BLACK, J. (for affirmance).

The trial judge erred in taking from the jury the defendants' pleaded and amply supported defense of personal contributory negligence. However, that error was committed against the defendants and was cured by the jury's negative verdict.[1] In these circumstances our sole task is to determine whether the trial judge…