Brenner v. Dykstra

Inasmuch as the only question to be determined on this appeal is whether or not plaintiff was guilty of contributory negligence as a matter of law, we will accept as true plaintiff’s counter-statement of facts, appearing in his brief as follows:

“This case arises out of a collision between an automobile owned and driven by plaintiff and an automobile owned by Sitch Dykstra and driven by his son and codefendant, John S. Dykstra, at an intersection of two unpaved gravel roads at a place known as Bos’ Corners in Ottawa county, Michigan. The north and south road, known as Mud Lake road, runs south…