Legal Opinion · Dissent

Cartmell v. THE SLAVIK COMPANY

Michigan Court of Appeals

Decided March 24, 1976No. Docket 23878Published

1DissentN. J. Kaufman, J.

In general, questions regarding reasonableness of notice, Mutual Electric & Machine Co v Turner Engineering Co, 230 Mich 63; 202 NW 964 (1925), and time which the cause of action accrued, Flynn v McLouth Steel Corp, 55 Mich App 669; 223 NW2d 297 (1974), represent conflicts to be decided by the trier of fact. However, in a few cases, no conflict is presented. I find that this is such a case.

My review of the record convinces me that reasonable minds could not differ as to whether plaintiffs knew or should have known of their cause of action against defendant at a time which would bar their…

2Cases cited3 opinions

  1. Bigelow v. WalravenMichigan Supreme Court · 1974
  2. Flynn v. McLouth Steel Corp.Michigan Court of Appeals · 1974
  3. Mutual Electric & MacHine Co. v. Turner Engineering Co.Michigan Supreme Court · 1925

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