Soltar v. Anderson

Plaintiff appeals from judgment for defendant on a jury verdict of no cause for action returned in Ms suit for damages resulting from an automobile collision. Assignments of error go solely ' to the court’s instructions to the jury and refusal to charge as requested.

The court instructed the jury that, “Negligence must be proven as an established fact and cannot be inferred.” This was error. Alpern v. Churchill, 53 Mich 607; Mirabile v. Simon J. Murphy Co., 169 Mich 522; Dyer v. People’s Ice Co., 188 Mich 203; Brown v. Arnold, 303 Mich 616; Winchester v. Chabut, 321 Mich 114; Lepley v. Bryant,…