Sakorraphos v. Eastman Kodak Stores, Inc.

As in Martiniano v. Booth, 359 Mich 680, we divide again respecting the meaningful purpose of the last sentence of section 9 of Court Rule No 37 (1945). By oversight or tactical design, we know not which, this unsuccessful plaintiff in negligence omitted timely request that the trial judge charge the jury with respect to 1 of the points of law made by his declaration and disputed proof. Appealing, he would have us hold that the judge erred reversibly by omission of charge to such point.

I cannot agree with any like appellant who, for aught we know, has calculated and placed his bet for a…