Malicote v. De Bondt

• Decision Date: 10 November 1937
• Docket Number: No. 81.,81.
• Citation: Malicote v. De Bondt, 281 Mich. 650, 275 N.W. 664 (Mich. 1937)
• Parties: MALICOTE et al. v. DE BONDT.
• Court: Michigan Supreme Court

281 Mich. 650

275 N.W. 664

MALICOTE et al.

v.DE BONDT.

No. 81.

Supreme Court of Michigan.

Nov. 10, 1937.

Action by Dorothy Malicote and others against Neil De Bondt.Verdicts for plaintiff.From judgments for defendant notwithstanding the verdicts, plaintiffs appeal.

Judgments reversed, and case remanded for entry of judgment for plaintiffs on the verdicts.

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

Argued before the Entire Bench.

Louis E. Letzer, of Detroit (Baillie & Cary, of Detroit, of counsel), for appellants.

Neil De Bondt, in pro. per.

POTTER, Justice.

The parties to this suit had attended a dance and were coming home in defendant's automobile which he was driving.It was in the small hours of the morning, and the defendant, driver of the automobile, fell asleep, lost control thereof, and the automobile ran across the car tracks and he was awakened.Plaintiffs insisted on getting out of the automobile and taking a taxicab which was near.Defendant did not stop the automobile, said he was all right, would not let them get out, but said he had started to take them home and intended to do so.He drove several blocks thereafter, when his head dropped and he fell asleep a second time, lost control of the automobile, and it struck with great force a post of a safety zone, and plaintiffs were injured.They began suit under the ‘guest act’(Comp.Laws 1929, § 4648), and at the conclusion of the trial, and after a charge with which no fault is found, recovered verdicts against defendant which the court on motion non obstante set aside, relying on Perkins v. Roberts, 272 Mich. 545, 262 N.W. 305, and rendered judgments for defendant.Plaintiffs appeal.

There was sufficient evidence...