Felsenfeld v. Chattaway

• Court: Michigan Supreme Court
• Writing for the Court: FEAD
• Citation: Felsenfeld v. Chattaway, 266 Mich. 234, 253 N.W. 280 (Mich. 1934)
• Decision Date: 06 March 1934
• Docket Number: No. 39.,39.
• Parties: FELSENFELD v. CHATTAWAY et al.

266 Mich. 234

253 N.W. 280

FELSENFELD

v.CHATTAWAY et al.

No. 39.

Supreme Court of Michigan.

March 6, 1934.

Appeal from Circuit Court, Wayne County; Robert M. Toms, Judge.

Action by Betty Felsenfeld, by Joseph Felsenfeld, her next friend, against Eustace Chattaway and others. From an adverse judgment, plaintiff appeals.

Affirmed.

Argued before the Entire Bench.

Dohany & Dohany and Abe A. Schmier, all of Detroit, for appellant.

Harold S. Knight, of Detroit, for appellees.

FEAD, Justice.

The case concerns a collision between two automobiles, in the daytime, on the 40-foot, four-lane Dixie Highway, between Pontiac and Flint. Defendants had verdict of a jury and judgment.

Plaintiff, a minor, with two other young ladies and three young men, were going north to Flint in a Packard sedan, owned and driven by Dr. Albert Altman. Defendants were driving north in a Ford sedan, owned by John Chattaway, driven by his son, Eustace, and occupied by them, Mrs. John Chattaway, and Miss Burnham. Originally, Dr. Altman was made a defendant, but he was discharged on the opening statement at trial because plaintiff was his guest passenger, and no charge of gross negligence was made against him. Plaintiff and two other passengers in the Packard car testified, and all the occupants of the Ford took the stand. Dr. Altman, although present in court, was not sworn. The claims of the parties as to where and how the collision occurred are wholly irreconcilable. Except as to unimportant estimates of distances, the respective witnesses fully sustained the claims of the party calling them.

Plaintiff and her companions say they first noticed the Ford car when about three-quarters of a mile south of the intersecting Narin road; they followed at a distance of about 75 feet, both cars running 45 miles per hour; the Ford was in the east or outside northbound lane; the Packard ran on the west or inside north-bound lane; about 300 feet south of Narin road the Ford began to decrease its speed, slowed to 25 miles per hour, and the Packard gradually overtook it; when about 70 feet from the intersection, each car still being in its original lane, the Packard overtook the Ford, the driver sounded the horn, and, when the Packard came abreast of the Ford, the latter, without signal or warning, suddenly turned to the left, struck the front wheel of the Packard, the driver lost control, the car left the road and struck a telegraph pole in the northwest corner of the intersection, and plaintiff and others were injured.

Defendants claim they were proceeding on the outside north-bound lane, but, when about 300 feet from the intersection, turned into the inside lane; the driver...