Legal Opinion
Smith v. Peets
Michigan Supreme Court
Decided February 8, 1922No. Docket No. 50PublishedCited by 1 opinion
Error to Muskegon; Vanderwerp (John), J. Case by Florence Smith against Sylvester Peets for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error.
1Opinion of the CourtClark, J.
In defendant’s automobile, plaintiff was a passenger for hire. With her, in the rear seat, was her niece, Phoebe Davis, 15 years of age and without experience in driving automobiles. Mr. Franston rode with defendant in the front seat.. During the trip, Phoebe wanted to drive the car. Defendant, consenting, stopped the car. Franston and Phoebe got out. Phoebe took the driver’s seat, defendant sitting beside her. Franston sat with plaintiff. Of this, plaintiff testified:
“Q. Did you know at that time that Phoebe Davis had never driven a car?
“A. Why, not to my knowledge, I never had.
“Q. She never…
2Cases cited3 opinions
- Burghardt v. Detroit United RailwayMichigan Supreme Court · 1919
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- Massachusetts Bonding & Insurance v. ParkMichigan Supreme Court · 1917
3Cited by1 opinion
- Watrous v. ConorMichigan Supreme Court · 1934