Todd v. Simonis

A jury was unable to agree upon verdicts in these consolidated negligence cases. Thereupon, defendants moved for judgments, pursuant to our recently repealed (PA 1961, No 236) jury disagreement statute (CL 1948, § 691.701 [Stat Ann §27.1471]), and judgments for defendants were entered by the trial judge supported by a written opinion in which he found plaintiff Donald Todd contributorily negligent as a matter of law. On appeal from such judgments we do not consider whether they conform with or do violence to the clear or overwhelming weight of the evidence, as we would upon review of decision…