Cramer v. Detroit Edison Co.

• Decision Date: 11 March 1941
• Docket Number: No. 66.,66.
• Citation: 296 Mich. 662,296 N.W. 831
• Parties: CRAMER v. DETROIT EDISON CO.
• Court: Michigan Supreme Court

296 Mich. 662

296 N.W. 831

CRAMER

v.DETROIT EDISON CO.

No. 66.

Supreme Court of Michigan.

March 11, 1941.

Action by August J. Cramer against the Detroit Edison Company, a New York Corporation, for injuries allegedly sustained when plaintiff's automobile collided with a barrier post which defendant placed near an electric light pole. From a judgment for defendant, notwithstanding a verdict of $20,000 for plaintiff, plaintiff appeals.

Affirmed.

Appeal from Circuit Court, Oakland County; George B. hartrick, judge.

Argued before the entire bench.

G. Edson Hallock, of Pontiac (Clarence L. Smith, of Pontiac, of counsel), for plaintiff and appellant.

Oxtoby, Robison & Hull, of Detroit, for defendant and appellee.

WIEST, Justice.

Grand avenue in the city of Mt. Clemens has a parkway, ten feet, two inches in width, in the center of the street, with paved roadways on each side thereof 17 feet, 11 inches in width. At the east end of the parkway the Edison Company maintains an electric light pole, under a lighting contract with the city and, as a protective barrier, placed three metal posts, about eight inches in diameter and about three feet in height, at the east end of the parkway and a foot back from the curb.

At about 1:30 o'clock, the morning of November 23, 1935, while plaintiff was driving his car westward on Grand avenue, he collided with one of the barrier posts and suffered injuries. He brought this suit originally against defendant and the city of Mt. Clemens but, by amended declaration, proceeded against the Detroit Edison Company alone.

Upon trial by jury he had a verdict for $20,000. Notwithstanding the verdict, under power reserved upon motions of defendant, the court entered judgment for defendant on the grounds that defendant was not liable and plaintiff, in any event, was guilty of contributory negligence as a matter of law.

As plaintiff approached the end of the parkway he observed what appeared to be a dark object and, when within stopping distance, discovered bushes thereon but did not attempt to stop.

Defendant placed the electric light pole at that place under its lighting contract with the city and the barrier posts in position to protect its ornamental light pole.

Plaintiff testified that the night was clear and the pavement dry. He was driving between 15 and 19 miles per hour, with the car headlights turned on. No street lights were burning at the point of the accident. He was using his dim headlights. He was about seven feet from the posts before he saw them, and then tried to put the brake on but his the post before he could stop. His left front tire struck the parkway curb just before the time the bumper struck the posts. He was about seven feet from the posts before he knew he was coming to an obstruction. He could not see them sooner because they were not visible. They were so small and they were the same color as the pavement and the sand around them. He lived in Pontiac and was not familiar with the streets in Mt. Clemens, having been there but once before.

He could see 75 feet ahead on the night in question with his lights on in the manner previously testified, the parkway and the bushes on it about 20 feet from the end. There was nothing to prevent his view of the bushes. He was able with dim headlights to see the bushes. He saw the bushes but did not know what it was at the time.

‘I didn't know what it was, I could just see that big dark object.

‘Those bushes are in back of the ornamental street lamp, but they could be seen for a distance of 75 feet. I could see the bushes at a distance of 75 feet, but I didn't know it was a parkway. I didn't know what it was at the time. I could observe those bushes which were 20 feet to the west of the ornamental street lamp, but I did not immediately try to stop my car because I was on the center of the road and I had time between that distance and the bushes to turn and keep right on the pavement. I was driving on the right hand side more in the center. I didn't change my course. I could stop my car in 10 or 12 feet traveling at...