Anderson v. Kearly

This is an action instituted by Lewis Anderson, administrator of the estate of Donald Anderson, deceased, against James Kearly, administrator of the estate of Arnold R. Miller, deceased, to recover damages arising out of the death of Donald Anderson.

At about the hour of 9:15 a.m., on February 22, 1942, plaintiff’s decedent, Donald Anderson, was a passenger in a Ford car driven by Roland Whipple in an easterly direction on highway US-23 at a point approximately three miles north of the village of Au Gres, Michigan. The highway consists of a concrete slab 20 feet wide which is divided by a…