Holland v. County of Allegan

Plaintiff appeals from the order and judgment of the circuit court dismissing the case on motion without trial and without testimony as to the merits of the case.

The declaration alleges that the plaintiff’s decedent on March 18, 1945, at about 1 a.m., was driving an automobile in a southerly direction upon the traveled portion of Willmont road, south of the village of Otsego in Allegan county, in the full exercise of due care and caution, and that when he came to .a point approximately 1% miles south of the southerly limits of Otsego, his automobile struck a “large log or tree limb with a…