Christopher v. Nelson

This is an automobile negligence action. The result in the trial court was a finding by a judge that recovery by the plaintiff was barred by her own negligence and that such negligence was a proximate contributing cause to the collision of the vehicles. A jury trial was waived.

We said "a judge” advisedly because the judge who heard the case, the Honorable Karl F. Zick of fond memory, who was held in high esteem by all of us who knew him, died after he heard the case, but before he made a decision or filed findings of fact and conclusions of law. Thus, GCR 1963, 531 does not control since it…