Legal Opinion · Concurrence

Lyshak v. City of Detroit

Michigan Supreme Court

Decided March 4, 1957No. Docket 27, 28. Calendar 46,949, 46,950Published

1ConcurrenceDethmers, C. J.

I concur in reversal for the last reason stated in Mr. Justice Smith’s opinion. Defendant Dalrymple, a member of the golf “foursome,” saw the infant plaintiff and the other small children directly ahead in the middle of the fairway. Even after the children had moved somewhat following his claimed warning, he knew they were still in a place of possible danger when he drove a golf ball in their direction and when be *252■watched defendant Hayman, another member of the foursome, strike and send into the direction of these children the ball which hit plaintiff. Dalrymple was an employee of Powers in…

2Cases cited9 opinions

  1. Powers v. HarlowMichigan Supreme Court · 1884
  2. Keiswetter v. RubensteinMichigan Supreme Court · 1926
  3. Herrick v. WixomMichigan Supreme Court · 1899
  4. Schmidt v. Michigan Coal & Mining Co.Michigan Supreme Court · 1909
  5. Polston v. S. S. Kresge Co.Michigan Supreme Court · 1949

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