Legal Opinion

Johannes v. Rooks

Michigan Supreme Court

Decided November 12, 1948No. Docket No. 63, Calendar No. 44,127Published

1Opinion

The burden was on plaintiff to prove every material element of her case, including freedom from contributory negligence.Batchelor v. Famous Cleaners Dyers, Inc., 310 Mich. 654;Fish v. Grand Trunk Western Railway Co., 275 Mich. 718. There is no proof that she looked to her right, the direction from which defendant's automobile was approaching, before starting to cross the highway or at any time thereafter until it was too late to avoid the accident. In Malone v. Vining, 313 Mich. 315, this Court said:

"Under present-day traffic conditions a pedestrian, before crossing a street or highway, must…

2Cases cited28 opinions

  1. Trudell v. Grand Trunk Railway Co.Michigan Supreme Court · 1901
  2. Malone v. ViningMichigan Supreme Court · 1946
  3. Molda v. ClarkMichigan Supreme Court · 1926
  4. Henderson v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1898
  5. Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912

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