Garrigan v. LaSalle Coca-Cola Bottling Co.

362 Mich. 262 (1961)

106 N.W.2d 807

GARRIGAN

v.

LaSALLE COCA-COLA BOTTLING COMPANY.

Docket No. 5, Calendar No. 48,311.

Supreme Court of Michigan.

Decided January 9, 1961.

Rehearing denied February 28, 1961.

H. Donald Bruce, for plaintiff.

Stanton & MacKenzie (H. Monroe Stanton and Robert E. Plunkett, of counsel), for defendant.

SOURIS, J.

Decision in this case turns upon error committed in the trial court's jury charge prejudicial to defendant's right to trial by jury. Involved here is an attempted rebuttal of a rebuttable presumption, the statutory presumption of negligence which arises upon the…