273 N.W. 330 (Mich. 1937), 119, Cardinal v. Reinecke

Docket Nº:119
Citation:273 N.W. 330, 280 Mich. 15
Opinion Judge:WIEST, Justice.
Party Name:CARDINAL v. REINECKE.
Attorney:Carl A. Williams, of Detroit, and Don Carrigan, of Port Huron, for appellant. Stewart & Black, of Port Huron (Dean W. Kelley, of Lansing, of counsel), for appellee.
Judge Panel:FEAD, C.J., and NORTH, BUTZEL, BUSHNELL, SHARPE, POTTER, and CHANDLER, JJ., concur.
Case Date:May 21, 1937
Court:Supreme Court of Michigan
 
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Page 330

273 N.W. 330 (Mich. 1937)

280 Mich. 15

CARDINAL

v.

REINECKE.

No. 119

Supreme Court of Michigan

May 21, 1937

Suit by Alice M. Cardinal against Florence B. Reinecke. From the judgment, the plaintiff appeals.

Reversed, and new trial granted.

[280 Mich. 16] Appeal from Circuit Court, St. Clair County; Fred W. George, judge.

Page 331

Argued before the Entire Bench.

Carl A. Williams, of Detroit, and Don Carrigan, of Port Huron, for appellant.

Stewart & Black, of Port Huron (Dean W. Kelley, of Lansing, of counsel), for appellee.

WIEST, Justice.

Barbara Reinecke of Port Huron, twenty-two year old daughter of defendant and a graduate of plaintiff's training school of beauty culture, having been informed by plaintiff of a possible opening at Harbor Beach, wanted to go there to make investigation. Her mother did not want her to go for [280 Mich. 17] such purpose unless accompanied by plaintiff and so informed plaintiff. Thereupon Barbara arranged with plaintiff to go, and Barbara, her mother, and her sister Jean, as driver of the mother's automobile, and accompanied by plaintiff, an afternoon in May, started on the trip. On the way Jean, the driver, saw a detour sign ahead and some distance beyond it a barrier across half of the roadbed, and, while considering whether to go ahead over the part of the road left open, she approached so near to the indicated detour that when she decided to make the turn, as thereon directed, the automobile went into a ditch at the side of the detour road, overturned, and plaintiff received injuries and brought this suit against the mother, who was owner of the automobile, to recover damages.

At the close of plaintiff's proofs, defendant moved for a directed verdict in her favor. This was denied and, upon motion of plaintiff and over objection thereto, and claim of right by defendant to have the jury pass upon the issue of actionable negligence, the court instructed the jury that defendant was guilty of negligence as a matter of law and left to the jury only the assessment of damages. The jury awarded plaintiff damages.

Defendant's subsequent motion for judgment, notwithstanding the verdict, was granted on the ground that plaintiff was a guest passenger and could not recover without alleging and showing gross negligence or wanton and willful misconduct on the part of the driver of the...

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