Bordner v. McKernan
| Decision Date | 06 September 1940 |
| Docket Number | No. 30.,30. |
| Citation | 294 Mich. 411,293 N.W. 889 |
| Parties | BORDNER v. McKERNAN et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Action by Clyde Bordner against A. G. McKernan, Lawrence E. Bentley, and another, to recover for injuries suffered while plaintiff was a passenger in a taxicab. From a judgment against all defendants, named defendants appeal.
Affirmed.
Appeal from Circuit Court, Wayne County; Thomas M. Cotter, Acting judge.
Argued before the Entire Bench.
Payne & Payne, of Detroit (Everett D. Crowe, of Detroit, of counsel), for plaintiff and appellee.
Edward N. Barnard, of Detroit, for defendants and appellants.
Plaintiff, a traveling man and a resident of Ohio, was a passenger for hire in a taxicab owned by defendant McKernan and driven by defendant Bentley. On the way to plaintiff's destination, a hotel in Dearborn, sometime after midnight on December 17, 1936, defendant Bentley, in making a left-hand turn at an intersection, collided with another automobile. Bentley stopped the taxicab in the middle of Warren avenue, facing west, on the street car tracks and went back to inspect the damage to the other car. Plaintiff remained in the taxicab during a period of approximately one and one-half minutes, when an automobile driven by defendant Quinn, proceeding easterly on Warren avenue, crashed into the taxicab, resulting in injuries to plaintiff, for which he brought suit. On trial a jury awarded plaintiff a verdict in the amount of $2,500 against defendants Quinn, Bentley, and McKernan. McKernan and Bentley appealed, claiming that there was no proof of negligence on their part and that, if it be found that such negligence existed, plaintiff was guilty of contributory negligence.
It is contended that the sole cause of the collision was the negligence of defendant Quinn in running into the taxicab. It appears that there were street lights near the scene of the accident, and it was claimed that Quinn could have seen the taxicab ahead. Quinn testified that he did not see the taxicab until he was within approximately 40 feet, for the reason that he had not been looking, and that he was unable to avoid the collision thereafter because of a number of people standing in the street between the taxicab and the curb. It is further asserted that plaintiff himself was guilty of contributory negligence because of his failure to get out of the taxicab while it was standing in the street.
On the issue of contributory negligence, we are in accord with the determination of the trial court that this was a jury question. Plaintiff was a stranger in the city. The place where defendant Bentley stopped was in a...
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Frederick v. City of Detroit, Dept. of St. Railways
...v. Milligan, 265 Mich. 97, 251 N.W. 356; Trent v. Pontiac Transportation Co., Inc., 281 Mich. 586, 275 N.W. 501; and Bordner v. McKernan, 294 Mich. 411, 293 N.W. 889, plaintiff contends the trial judge erred in not clearly and concisely instructing the jury that she was owed a high degree o......
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Sutter v. Biggs, 43
...of being struck by other vehicles, is liable to plaintiff for injuries incurred when plaintiff is so struck. See Bordner v. McKernan (1940), 294 Mich. 411, 293 N.W. 889; Maddux v. Conaldson (1961), 362 Mich. 425, 108 N.W.2d 33, 100 A.L.R.2d Most of our cases which consider the issue of prox......
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...38, 241 N.W. 844. There may be two proximate causes of an accident. Fitzcharles v. Mayer, 284 Mich. 122, 278 N.W. 788; Bordner v. McKernan, 294 Mich. 411, 293 N.W. 889; Wallace v. Kramer, 296 Mich. 680, 296 N.W. 838.' See also White v. Huffmaster, 321 Mich. 225, 32 N.W.2d 447. The fact that......
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Hendershot v. Kelly
...acted as a reasonably prudent person in remaining in the cab under the circumstances was a question of fact.' Bordner v. McKernan (1940), 294 Mich. 411, 413, 293 N.W. 889, 890. 'It is the undoubted rule that the invited passenger is not absolved from the duty to exercise reasonable care for......