Gile v. Hudnutt

Plaintiff’s decedent, a girl 12 years of age, while walking in a westerly direction on Allegan street in Plainwell, Michigan, on the evening of January 23, 1936, was fatally injured when struck by a car driven by defendant. The latter claims that at the time of the accident his vision was obscured by a cloud of snow thrown up by a swiftly moving car that passed him. Plaintiff declared under both the death (3 Comp. Laws 1929, §§ 14061, 14062) and survival (3 Comp. Laws 1929, §§ 14040-14060) acts, but the jury awarded $300 damages solely under the death act. Plaintiff has appealed. The sole…