Heider v. Michigan Sugar Co.

Plaintiff brings these companion cases under the death by wrongful act statute (CL 1948, § 691.581 [Stat Ann 1959 Cum Supp §27.711]), claiming that his sons James (12-1/2 years of age) and David (8 years of age) were drowned in a pond on defendant’s premises and that their deaths were caused by defendant’s negligence.

Plaintiff demanded a jury only in the David Heider case, and defendant’s request for jury trial in the James Heider case was denied. The cases were consolidated for trial, one a jury case and the other a nonjury case.

At the conclusion of plaintiff’s proofs, defendant moved for a…