Hewitt v. Grand Trunk Western Railroad

Following a two week jury trial in Oakland County Circuit Court of plaintiffs wrongful death action, the jury returned a verdict in favor of defendant of no cause of action. Plaintiff appeals as of right.

I

Facts

On January 23, 1972, plaintiff’s decedent, David Hewitt, then 55 years old, was at home with plaintiff, to whom he had been married for 35 years. When Mrs. Hewitt left their home to attend a baby shower that afternoon, Mr. Hewitt appeared to be in good spirits. Shortly thereafter, Mr. Hewitt left their Oak Park home and drove to a drug store in Royal Oak. He purchased a newspaper and a…