DePriest v. Kooiman

Dominant reasons for summary disposition of this appeal appear in the concurring opinion Justice Talbot Smith wrote for Churukian v. LaGest, 357 Mich. 173, 182-184. There the charge laid was actionable negligence of another driver proceeding on another favored trunkline highway toward an intersecting way. Having-opened discussion of the questions of duty, breach, and causation, Justice Talbot Smith proceeded (Churukian at 182-184):

“The driver, as we know, was under a duty to exercise due care. He must make reasonable allowance for traffic conditions, for fog, snow, or other adverse weather…