Universal Underwriters Insurance v. Hoxie

The facts in this case are undisputed. An accident occurred at an uncontrolled country *105road intersection when two automobiles collided due to negligence by both drivers. A salesman for Breimayer Chevrolet Sales Company was on a demonstration drive. The Breimayer car was under the sole operation and control of the car shopper, one of the negligent drivers. Plaintiff, subrogee of Breimayer, sued to recover from the second driver the damages to that automobile.

The case was tried to the court. Judgment was entered of no cause for action, based on a finding that under section 401 of the Michigan…