Kneeshaw v. City of Detroit, 12
| Decision Date | 01 March 1950 |
| Docket Number | No. 12,12 |
| Citation | 327 Mich. 259,41 N.W.2d 542 |
| Parties | KNEESHAW v. CITY OF DETROIT et al. |
| Court | Michigan Supreme Court |
Leo A. Sullivan, Detroit, A. Albert Bonczak, Detroit, of counsel, for defendants and appellants.
George D. O'Brien, Detroit, for plaintiff and appellee.
Before the Entire Bench.
Plaintiff Thomas J. Kneeshaw was injured when a tractor and trailer truck driven by him collided with a street car of defendant City of Detroit, operated by defendant Walter Manning.
Kneeshaw was proceeding southerly in the middle lane of traffic on Woodward avenue. The visibility was clear and the pavement dry. The street car had stopped to discharge passengers at the west side of Woodward on Baltimore. Manning's view was unobstructed and he observed the truck and other through traffic on Woodward. When Kneeshaw was not over 100 feet north of Baltimore, Manning sounded his gong and proceeded to cross Woodward. When he discovered that a collision with on-coming traffic was impending, he stopped his street car in the lane in which Kneeshaw was traveling.
Kneeshaw had waited for a red light at Grand Boulevard two blocks north of Baltimore. He first observed the street-car when it was about 50 feet west of Woodward. Kneeshaw claims that when the street car started across Woodward, he was only 15 to 25 feet north of Baltimore, and moving at a speed of 20 miles per hour. He applied his brakes, but could not avoid a collision. Only minor damage was done to the street car, and no passengers were injured. The cab of the truck was demolished and Kneeshaw was pinned over the steering wheel. He suffered permanent crippling injuries to his leg and knee and can no longer work as a truck driver.
The jury rendered a verdict of $22,500, and on motion for a new trial a remittitur was ordered reducing the judgment to $15,000. No questions as to this are raised on appeal.
Defendants argue that Manning was not negligent, that Kneeshaw was guilty of contributory negligence as a matter of law, and that the verdict was against the great weight of the evidence.
An examination of the testimony requires the conclusion that Kneeshaw was not guilty of contributory negligence as a matter of law. Arnold v. Krug, 279 Mich. 702, 273 N.W. 322; Booth v. City of Detroit, 292 Mich. 102, 290 N.W. 344; and Bandfield v. Eddy, 325 Mich. 389, 38 N.W.2d 856.
Disinterested witnesses confirmed the testimony of Kneeshaw as to his speed, timely application of brakes,...
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