Brow v. Bozyk

• Decision Date: 08 April 1947
• Docket Number: No. 19.,19.
• Citation: 26 N.W.2d 586,317 Mich. 31
• Parties: BROW v. BOZYK.
• Court: Michigan Supreme Court

317 Mich. 31

26 N.W.2d 586

BROW

v.BOZYK.

No. 19.

Supreme Court of Michigan.

April 8, 1947.

OPINION TEXT STARTS HERE Appeal from Circuit Court, Wayne County; Clyde I. Webster, judge.

Action by Percy C. Brow against Joe Bozyk for personal injuries sustained when struck by automobile driven by defendant. From a judgment for plaintiff for $2,140.20, the defendant appeals.

Judgment affirmed.

Before the Entire Bench.

Stewart A. Ricard, of Detroit, for appellant.

Edward N. Barnard, of Detroit, for appellee.

NORTH, Justice.

While plaintiff, a pedestrian, was proceeding across Michigan Avenue in a southerly direction at the intersection of Trenton Street in Detroit he was struck by an automobile driven by defendant in a westerly direction. Plaintiff suffered rather severe injuries, brought suit against defendant, and upon trial by jury had judgment for $2,140.20. Defendant appealed.

It is defendant's contention that the testimony disclosed merely that an accident happened without any showing of negligence on the part of defendant, and that the trial court erred in refusing to grant defendant's motions for a directed verdict or for judgment notwithstanding verdict.

Michigan Avenue extends in an easterly and westerly direction, being a paved street approximately 70 feet wide with a double line of street car tracks in the central portion. Trenton Street intersects Michigan Avenue substantially at right angles, and near the southwesterly corner of the intersection there is a street car loading zone. At approximately 7:25 on the morning of the accident, January 28, 1944, plaintiff attempted to cross from the northwesterly corner of the intersecting streets in a southerly direction to the street car loading zone above noted. It was still dark but there is testimony that the intersection was reasonably well lighted. According to plaintiff's testimony he waited at the curb on the northwest corner until westbound traffic had passed and then he proceeded in the line of the crosswalk to a point near the center of Michigan Avenue; but because he was confronted with approaching eastbound traffic plaintiff paused momentarily between the two street car tracks located immediately north of the center line of Michigan Avenue. While there he made observations both east and west for on-coming traffic. He saw none coming from the east. Just as the eastbound auto traffic was about to clear and plaintiff in consequence thereof being then able to proceed, he was struck by defendant's car going in a westerly direction. Plaintiff testified that the automatic traffic light was not working at that hour in the morning.

According to the testimony in behalf of defendant, as he approached the intersection...