Martiniano v. Booth

The facts are stated in Mr. Justice Kavanagh’s opinion. Defendant admitted violation of section 634 of the Michigan vehicle code, PA 1949, No 300 (CLS 1956, § 257.634, Stat Ann 1952 Rev § 9.2334) by having driven his vehicle on the wrong side of the highway when it collided with the vehicle in which plaintiff was riding. Whether this statutory violation is determinative of defendant’s negligence depends upon the existence or nonexistence of excuse for defendant’s failure to comply with the statute’s requirements. I would reverse and remand this case for retrial because the trial court’s…