MacDonald v. Skornia

I do not concur in the opinion written by the Chief Justice.

Plaintiff testified that he made one observation of defendant's automobile when it was about 120 feet from the intersection but made no estimate of the speed at which it was approaching and that, in fact, he would have been unable to say at the time whether defendant's car was "parked or coming."

Applicable to the facts in this case is the following from AnnArbor Construction Co. v. Russ, 312 Mich. 527:

"In DiMatteo v. Smith, 309 Mich. 640, we quoted with approval from Stuck v. Tice, 291 Mich. 486, as follows:

"`Normally, under…