Bobich v. Rogers, No. 49.

CourtSupreme Court of Michigan
Writing for the CourtWIEST
PartiesBOBICH v. ROGERS.
Decision Date04 April 1932
Docket NumberNo. 49.

258 Mich. 343
241 N.W. 854

BOBICH
v.
ROGERS.

No. 49.

Supreme Court of Michigan.

April 4, 1932.


Appeal from Circuit Court, Gogebic County; George O. Driscoll, Judge.

Suit by Steve Bobich against Robert Rogers. Judgment for plaintiff, and defendant appeals.

Reversed, and a new trial granted.

Argued before the Entire Bench.

[241 N.W. 854]

Charles M. Humphrey and Ivan D. Wright, both of Ironwood, for appellant.

Jones & Patek, of Ironwood, for appellee.


WIEST, J.

Plaintiff was a guest riding in an automobile owned and driven by defendant. The automobile, at a railroad crossing, left the roadway and overturned. Plaintiff received injuries and had verdict and judgment. The accident occurred at the hamlet of Matchwood in Ontonagon county, in the daytime. The roadway upon which defendant was driving approached the hamlet from the west and, at the hamlet, made a right-angle turn to the south and crossed the railroad track thirty-five feet distant from the south line of the westward extension of the road. The railroad crossing was planked.

Right of plaintiff to have recovery rests upon whether defendant in operating his automobile was guilty of ‘gross negligence or willful and wanton misconduct.’ Act No. 19, Public Acts 1929. In this jurisdiction there is no such thing as gross negligence in the sense of great or much negligence. Union Trust Co. v. Detroit, etc., R. Co., 239 Mich. 97, 214 N. W. 166, 66 A. L. R. 1515. The term ‘gross negligence,’ as employed in this statute, does not mean something of less degree than willful and wanton misconduct. See Oxenger v. Ward, 256 Mich. 499, 240 N. W. 55. Plaintiff recovered on the claim that defendant drove his automobile at such a high rate of speed that he was unable to make a sharp turn without losing control of his car, and, as a consequence, the car left the roadway and overturned.

Plaintiff testified that, before reaching the turn, he told defendant he was driving too fast, and ‘If you don't cut out the speed, stop, I want to get out’; that defendant said ‘he was driving a car faster than that and he make that curve,’ and as the car was close to the curve he said, ‘Why don't you stop while I get off?’

Defendant testified that he made the turn and, at a railroad crossing thirty-five feet distant, something happened to his car and he lost control of it. After the accident it was found there was one flat tire. The fact that an accident happened was, of course, no evidence of negligence. But it is said that...

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57 practice notes
  • Mitchell v. Walters, 2136
    • United States
    • United States State Supreme Court of Wyoming
    • March 12, 1940
    ...mean something of a less degree than willful or wanton misconduct," citing Oxenger v. Ward, 256 Mich. 499, 240 N.W. 55; Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854; Mater v. Becraft, 261 Mich. 477, 246 N.W. 191. In Schlacter v. Harbin, 273 Mich. 465, 263 N.W. 431, 432, the court said: "As......
  • Riley v. Walters, No. 127.
    • United States
    • Supreme Court of Michigan
    • December 8, 1936
    ...256 Mich. 527, 239 N.W. 865;Oxenger v. Ward, 256 Mich. 499, 240 N.W. 55;Finkler v. Zimmer, 258 Mich. 336, 241 N.W. 851;Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854;Wyma v. Van Anrooy, 260 Mich. 295, 244 N.W. 478; Grabowski v. Seyler, 261 Mich. 473, 246 N.W. 189;Mater v. Becraft, 261 Mich. ......
  • Rinkevich v. Coeling, No. 50
    • United States
    • Supreme Court of Michigan
    • December 28, 1955
    ...560. Repeated warnings to the driver to slow down or drive slower do not make the driver guilty of gross negligence. Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854; Pawlicki v. Faulkerson, 285 Mich. 141, 280 N.W. 141. Noncompliance with the request of a guest passenger relative to speed is n......
  • Burghardt v. Olson
    • United States
    • Supreme Court of Oregon
    • February 17, 1960
    ...the rights of others. Nothing connected with his driving resembled 'an I-don't-care-what-happens mental attitude." In Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854, the defendant, as host driver, sought to round a turn in the road at a rate of speed which the plaintiff, his non-paying guest......
  • Request a trial to view additional results
57 cases
  • Mitchell v. Walters, 2136
    • United States
    • United States State Supreme Court of Wyoming
    • March 12, 1940
    ...mean something of a less degree than willful or wanton misconduct," citing Oxenger v. Ward, 256 Mich. 499, 240 N.W. 55; Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854; Mater v. Becraft, 261 Mich. 477, 246 N.W. 191. In Schlacter v. Harbin, 273 Mich. 465, 263 N.W. 431, 432, the court said: "As......
  • Riley v. Walters, No. 127.
    • United States
    • Supreme Court of Michigan
    • December 8, 1936
    ...256 Mich. 527, 239 N.W. 865;Oxenger v. Ward, 256 Mich. 499, 240 N.W. 55;Finkler v. Zimmer, 258 Mich. 336, 241 N.W. 851;Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854;Wyma v. Van Anrooy, 260 Mich. 295, 244 N.W. 478; Grabowski v. Seyler, 261 Mich. 473, 246 N.W. 189;Mater v. Becraft, 261 Mich. ......
  • Rinkevich v. Coeling, No. 50
    • United States
    • Supreme Court of Michigan
    • December 28, 1955
    ...560. Repeated warnings to the driver to slow down or drive slower do not make the driver guilty of gross negligence. Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854; Pawlicki v. Faulkerson, 285 Mich. 141, 280 N.W. 141. Noncompliance with the request of a guest passenger relative to speed is n......
  • Burghardt v. Olson
    • United States
    • Supreme Court of Oregon
    • February 17, 1960
    ...the rights of others. Nothing connected with his driving resembled 'an I-don't-care-what-happens mental attitude." In Bobich v. Rogers, 258 Mich. 343, 241 N.W. 854, the defendant, as host driver, sought to round a turn in the road at a rate of speed which the plaintiff, his non-paying guest......
  • Request a trial to view additional results

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