Marciniak v. Sundeen

This negligence case was tried by the court without a jury. The court found that, under either party’s version of the testimony, both were guilty of negligence and accordingly entered a judgment for defendant.

The accident occurred within the intersection of Hoover road and Ten Mile road in Macomb county between the hours of 5 p. m. and 7 p. m. on July 2, 1933, while it was still daylight. The pavement was dry and there was nothing to prevent either driver seeing the other as they approached the intersection. Ten Mile road runs east and west and Hoover road north and south; both are paved and…