Benson v. Watson

26 Mich. App. 142 (1970)

182 N.W.2d 357

BENSON

v.

WATSON

Docket No. 7,202.

Michigan Court of Appeals.

Decided August 25, 1970.

Reversed February 9, 1971.

Goodman, Eden, Robb, Millender, Goodman & Bedrosian, for plaintiff.

Plunkett, Cooney, Rutt & Peacock (John D. Hayes, of counsel), for defendants.

Before: R.B. BURNS, P.J., and LEVIN and CHURCHILL,[*] JJ.

Reversed by Supreme Court February 9, 1971. 384 Mich 804.

R.B. BURNS, P.J.

This is a wrongful death action arising from the accidental death of a six-year-old boy, Gene Arthur Benson.

In the middle of the afternoon Gene was playing in a gully beside a…