Hammerbacher v. Babechenko

Plaintiff was injured when he was struck by defendant’s automobile as he was crossing the street intersection of East Genesee, North Jefferson and Lapeer avenues in the city of Saginaw. Appellant contends that “the broad appellate questions involved are (a) was the plaintiff guilty of contributory negligence as a matter of law, and (b) if not, did the trial court err in not granting a new trial.”

In the trial court’s opinion filed on motion for judgment notwithstanding verdict and alternative motion for new trial, the court stated:

“It must be borne in mind in considering whether this case…