Wilson v. Johnson
Michigan Supreme Court
Error to Isabella; Chester, J., presiding. Case by Jessie Wilson, administratrix of the estate of James Wilson, deceased, against James Johnson for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error. Plaintiff’s intestate having lost his life by being struck by an automobile owned and operated by defendant, this action is brought under the “Survival Act” (3 Comp. Laws, § 10117 [3 Comp.
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Error to Isabella; Chester, J., presiding. Case by Jessie Wilson, administratrix of the estate of James Wilson, deceased, against James Johnson for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error. Plaintiff’s intestate having lost his life by being struck by an automobile owned and operated by defendant, this action is brought under the “Survival Act” (3 Comp. Laws, § 10117 [3 Comp. Laws 1915, § 12383]) to recover damages because of the alleged negligence of the defendant. The accident occurred on November 2, 1913, at the intersection of Main- and…
1Opinion of the CourtKuhn, C. J.
(after stating the facts). The first question counsel for appellant request us to consider is their claim that the court should have directed a verdict for the defendant because of the contributory negligence of the deceased. This is based on the testimony of the defendant and his wife that the plaintiff’s decedent, who was marshal of the city and had acted as traffic manager at the intersection square, directed the defendant in the course he took. The testimony is clear, however, that at the time of the accident the decedent was not acting as a traffic officer, and that he made no motion…
2Cases cited7 opinions
- Branch v. KlattMichigan Supreme Court · 1912
- White v. PeabodyMichigan Supreme Court · 1895
- National Surety Co. v. GrantMichigan Supreme Court · 1913
- Morin v. RobargeMichigan Supreme Court · 1903
- Storch v. RoseMichigan Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hanser v. YoungsMichigan Supreme Court · 1920
- Bolton v. WellsNorth Dakota Supreme Court · 1929
- Neeb v. JacobsonMichigan Supreme Court · 1929
- Reardon v. BuckMichigan Supreme Court · 1952
- Pociopa v. OlsonMichigan Court of Appeals · 1968
1 more not listed; retrieve them via the Exa API.