Legal Opinion
People v. Pomeroy
Michigan Supreme Court
Decided December 22, 1982No. Docket Nos. 62831, 62832. (Calendar Nos. 5, 6)PublishedCited by 3 opinions
1Opinion of the CourtRyan, J.
I would affirm the decision of the Court of Appeals in both of these cases for the reason stated in that Court’s opinion. People v Pomeroy, 88 Mich App 311; 276 NW2d 904 (1979).
The crux of my disagreement with my brother Levin is in his willingness to extend the Legislature’s definition of a motor vehicle "operator” and "driver” to include a person who is "preparing to drive” a motor vehicle. That is not what the Legislature has said an "operator” or a "driver” is. The Legislature has defined "operator” in MCL 257.36; MSA 9.1836 as "every person * * * who is in actual physical control of a…
2Cases cited5 opinions
- Lawrence Baking Co. v. Unemployment Compensation CommissionMichigan Supreme Court · 1944
- In Re Rackham's EstateMichigan Supreme Court · 1951
- In Re Cress'estateMichigan Supreme Court · 1953
- Szydelko v. Smith's EstateMichigan Supreme Court · 1932
- People v. PomeroyMichigan Court of Appeals · 1979
3Cited by3 opinions
- People v. PomeroyMichigan Supreme Court · 1984
- United States v. SaulsDistrict Court, D. Maryland · 1997
- West v. Cyril J Burke, Inc.Michigan Court of Appeals · 1984