Bratton's Estate v. Trojan Boat Co.

Decision Date27 August 1971
Docket NumberNo. 3,J,3
Citation189 N.W.2d 206,385 Mich. 585
PartiesThe ESTATE of George BRATTON By Ruth Bratton et al., Plaintiffs-Appellees. v. TROJAN BOAT COMPANY, A Foreign Corporation, Defendant-Appellant. une Term.
CourtMichigan Supreme Court

Appeal from the Court of Appeals.

Raymond L. Krell, Detroit, for plaintiffs-appellees.

Sugar, Schwartz, Silver, Schwartz & Tyler, by Leonard B. Schwartz, Detroit, for defendant-appellant.

Before the Entire Bench.

PER CURIAM.

For the reasons set forth in Buscaino v. Rhodes, 385 Mich. 474, 189 N.W.2d 202, released today, we hold that by filing his complaint within three years from the date of injury the plaintiff here complied with the statute of limitations.

The Court of Appeals, 19 Mich.App. 236, 172 N.W.2d 457, is affirmed.

Appellee may tax costs.

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3 cases
  • Roundhouse v. Owens-Illinois, Inc.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 16, 1979
    ...Co., 51 Mich.App. 620, 215 N.W.2d 777 (1974); Bratton v. Trojan Boat Co., 19 Mich.App. 236, 172 N.W.2d 457 (1969), Aff'd 385 Mich. 585, 189 N.W.2d 206 (1971). This is also in accord with Michigan's view that statutes of limitation are based on a fairness rationale of protecting defendants a......
  • Brashers v. Jefferson
    • United States
    • Court of Appeal of Michigan — District of US
    • September 24, 1975
    ...at the times involved. In the case of Bratton v. Trojan Boat Co, 19 Mich.App. 236, 244, 172 N.W.2d 457, 460--461 (1969), Aff'd 385 Mich. 585, 189 N.W.2d 206 (1971), we stated as 'The pleading of the statute of limitations by the defendant was an affirmative defense and the burden of proving......
  • Szlinis v. Moulded Fiberglass Companies, Inc. (Moulded Fiberglass Boat Co., a Division), Docket Nos. 15136
    • United States
    • Court of Appeal of Michigan — District of US
    • March 4, 1974
    ...an affirmative defense. According to Bratton v. Trojan Boat Co., 19 Mich.App. 236, 244, 172 N.W.2d 457, 460--461 (1969), aff'd 385 Mich. 585, 189 N.W.2d 206 (1971): 'The pleading of the statute of limitations by the defendant was an affirmative defense and the burden of proving it was upon ......

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