Day v. Gold Star Dairy

The fact that plaintiff was convicted by a jury in the justice court for reckless driving in violation of the statute, 1 Comp. Laws 1929, § 4696 (Stat. Ann. § 9.1564), is in no sense determinative of his rights under the workmen's compensation act, a civil proceeding in which the judgment of conviction in a criminal case cannot be used as evidence to establish the truth of the facts to be determined therein. Smith v. Brown,2 Mich. 161. See citations in 80 A.L.R. 1145, 130 A.L.R. 690. Whether plaintiff violated the statute in such manner as to make his conduct wilful and intentional* must be…