Kalinowski v. Odlewany

This is a claim arising out of an automobile accident. The claim of a different plaintiff, who was injured in the same accident, was before the court in Kieszkowski v. Odlewany, 280 Mich. 388. We do not repeat the facts recited in that case. In the Kieszkowski Case the trial was conducted by the circuit judge without the aid of the jury, and the parties on appeal submitted an agreed statement of facts. In the case now before us there was a jury trial.

At the close of the proofs, the applicability of the Kieszkowski Case was argued before the court in the absence of the jury. The court granted…