Frisorger v. Shepse
| Decision Date | 02 June 1930 |
| Docket Number | No. 163.,163. |
| Citation | 251 Mich. 121,230 N.W. 926 |
| Parties | FRISORGER v. SHEPSE et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Genesee County; Fred W. Brennan, Judge.
Action by Chris Frisorger, administrator of the estate of Christopher J. Frisorger, deceased, against Zolton Shepse, Sr., and another. Judgment for defendants, and plaintiff brings error.
Affirmed.
Argued before the Entire Bench.
Millard & Roberts, of Flint, for appellant.
Brownell & Gault, of Flint, for appellees.
This is an action for damages arising out of injuries resulting in the death of Christopher J. Frisorger, which it is alleged was caused by the negligence of defendant Zolton Shepse, Jr., in operating an automobile owned by his father, Zolton Shepse, Sr. On the trial at the close of the proofs, the court directed a verdict in favor of the defendants on the ground that at the time of the accident, the decedent and defendant, Zolton Shepse, Jr., were engaged in a common enterprise, and therefore the negligence of defendant would be imputed to decedent and bar a recovery.
About 11 o'clock in the evening of December 23, 1928, the plaintiff's decedent and several other young men invited the defendant Zolton Shepse, Jr., to go with them to a dance at Grand Blanc in Oakland county. The boys were friends. All lived in Flint. They started out in a Buick sedan owned by the elder Shepse. Zolton Shepse, Jr., was driving. They stopped at a gas station and bought gas. Each of the boys contributed an equal share to the expense. They left the dance hall about 3 o'clock in the morning. Running at a high rate of speed, the car left the road at a curve and ran into a tree. The plaintiff's decedent and others were killed.
The principal issue on the trial was whether at the time of the accident the decedent was a guest of the defendant, or whether they were engaged in a common enterprise. If they were engaged in a joint enterprise, the negligence of the defendant would be imputable to the decedent and would bar a recovery. Hanser v. Youngs, 212 Mich. 509, 180 N. W. 409;Farthing v. Hepinstall, 243 Mich. 380, 220 N. W. 708, 709.
The undisputed facts in the instant case leave no doubt that the parties were engaged in a joint enterprise. They had agreed on a joint pleasure party. Every member of the party had to do with the management and control of the enterprise. They shared equally in the expense. The fact that the defendant was driving the car is material but not controlling of the question. As driver, he was acting as agent for the other members of the party. They had as much right to direct its movements and speed as he...
To continue reading
Request your trial
-
Bostrom v. Jennings
...is imputable to a passenger member so as to bar the latter's right to recover against a third party. Then came Frisorger v. Shepse, 251 Mich. 121, 230 N.W. 926, in which the plaintiff was the passenger member of a joint enterprise with the defendant driver of an automobile. Suit was against......
-
Johnson v. Fischer, 224
...389, 275 N.W. 184; Farthing v. Hepinstall, 243 Mich. 380, 220 N.W. 708; Hanser v. Youngs, 212 Mich. 508, 180 N.W. 409; Frisorger v. Shepse, 251 Mich. 121, 230 N.W. 926; Johnson v. Fischer, 292 Mich. 78, 290 N.W. 334; and Bushie v. Johnson, 296 Mich. 8, 295 N.W. 538, the Court concluded as f......
-
Greer v. Pierce
...(Tex. Civ. App.), 35 S.W.2d 194; Smith v. Wells, 326 Mo. 525, 31 S.W.2d 1014; Perrin v. Wells (Mo. App.), 22 S.W.2d 863; Frigorser v. Shepse, 251 Mich. 121, 230 N.W. 926; Union Bus. Co. v. Smith (Fla.), 140 So. 631; Terry v. Smylie, 133 So. 666. Reily & Parker, of Meridian, for appellee. Ou......
-
Kerstetter v. Elfman
... ... Wash. 192, 270 P. 304; Alexiou v. Nockas, 171 Wash ... 369, 17 P.2d 911; Potter v. Juarez, 66 P.2d (Wash.) ... 290. See also Frisorger v. Shepse, 251 Mich. 121, ... 230 N.W. 926; Lloyd v. Mowery, 158 Wash. 341, 290 P ... 710. The cases under the Connecticut statute, which is ... ...