Legal Opinion · Dissent

Courtney v. Apple

Michigan Supreme Court

Decided April 2, 1956No. Docket 49, Calendar 46,500Published

1DissentSmith, J.

For the jury function I have a profound respect. That, plus the inexorable logic of my Brother’s opinion, led me to a tentative acceptance thereof. But the case would not leave me. My misgivings first arose with the thought that if this had been a prize bull, negligently killed on the highway, without negligence on the part of its owner, the owner could have collected his full damages. But with respect to this little boy negligently killed on the highway, without negligence on the *238part of Ms parents, a jury verdict that the father is entitled to no damages is to be permitted to stand,…

2Cases cited39 opinions

  1. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  2. Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
  3. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  4. Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  5. Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856

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