Nabozny v. Hamil

This Court in recent years * has reaffirmed devotion to Mr. Justice Cooley’s enduring aphorism that, “As a general rule, it cannot be doubted that the question of negligence is a question of fact and not of law.” (Detroit & Milwaukee R. Co. v. Van Steinburg, 17 Mich 99, 118.) The question of negligence in the case before us comes within that rule, and, so I vote to reverse this judgment for plaintiff, same having been entered upon determination by the court that the defendant driver was guilty of actionable negligence.

The stated general rule was considered at length by Mr. Justice Cooley in…