Leader v. Straver

• Decision Date: 09 December 1936
• Docket Number: No. 110.,110.
• Citation: Leader v. Straver, 278 Mich. 234, 270 N.W. 280 (Mich. 1936)
• Parties: LEADER v. STRAVER et al.
• Court: Michigan Supreme Court

278 Mich. 234

270 N.W. 280

LEADER

v.STRAVER et al.

No. 110.

Supreme Court of Michigan.

Dec. 9, 1936.

Action by Pearl Leader against Louis G. Straver and another. Judgment for plaintiff, and defendants appeal.

Affirmed.

Appeal from Circuit Court, Wayne County; Allan Campbell, judge.

Argued before the Entire Bench, except POTTER, J.

Woodruff, BeGole & McInerney, of Wyandotte (Baillie & Cary, of Detroit, of counsel), for appellants.

Irwin I. Cohn, of Detroit (Sidney J. Karbel, and Sigmund Jaulus, both of Detroit, of counsel), for appellee.

FEAD, Justice.

On trial before the court without a jury, plaintiff had judgment for injuries sustained in a collision of automobiles at the intersection of Twelfth street and Chicago boulevard, in the city of Detroit. Twelfth street was a stop street and had a street car track on it. Chicago boulevard was not a stop street. The issues present questions of negligence and contributory negligence, both as matters of law and of fact.

Plaintiff was riding in her husband's car, driven by him north on Twelfth street. Mr. Leader testified that, when about 25 feet from the intersection, he looked to the west and saw two cars standing at the edge of the intersection, apparently waiting for the through traffic on Twelfth street to pass; a car, driven by one Serlin, passed him about at the Chicago boulevard line and drove on; he followed it and, when from 3 to 15 feet into the intersection, defendant's car, driven by Mrs. Straver, struck his car at the front left side at the bumper, swinging it around to face easterly; he did not see defendant's car until it was about to strike him.

Serlin, a disinterested witness, said that the Straver car was not one of the two stopped at the west side of the intersection; that it appeared suddenly and was moving rapidly and would have struck his car had he not accelerated his speed to avoid it; that it passed closely behind him and struck plaintiff's car.

Neither defendant testified. A disinterested witness, Mr. Shorter, however, said that his and the Straver car were stopped at the west edge of the intersection; that a street car went south on Twelfth street, and immediately thereafter he saw plaintiff's car 75 to 100 feet from the crossing and thought he could drive on; Mrs. Straver also started her car, accelerated her speed more rapidly than Shorter, and had almost gotten through the intersection when it was struck by plaintiff's car at the rear right fender. Shorter said he stopped at the car tracks because he thought Leader had the right of way and also because he could see that...