Moyses v. Spartan Asphalt Paving Co.

These suits, pending now in the Ingham circuit, started out as actions for negligence. Plaintiff Gorman Moyses’ suit arose out of a head-on collision of primary defendant Spartan’s dump truck with his Willys station wagon. 1 The right of action pleaded by him accrued in 1965. The present appeal being here upon pleadings only, we observe from the face thereof that there can be little question of primary liability of primary defendant Spartan to Mr. Moyses. Certainly there can be no question of contributory negligence, there being no presentment in any pleading of that affirmative defense. See…