McClarren v. Buck, s. 26-29

• Citation: 72 N.W.2d 31,343 Mich. 300
• Decision Date: 03 October 1955
• Docket Number: Nos. 26-29,s. 26-29
• Parties: Elliott McCLARREN, Plaintiff and Appellant, v. William A. BUCK and Paul Sanderson, jointly and severally, Defendants and Appellees. Patrick LYNCH, Plaintiff and Appellant, v. William V. BUCK et al., Defendants and Appellees. Hattie LYNCH, Plaintiff and Appellant, v. William A. BUCK et al., Defendants and Appellees. Lillian McCLARREN, Plaintiff and Appellant, v. William A. BUCK et al., Defendants and Appellees.
• Court: Supreme Court of Michigan

Page 31

72 N.W.2d 31

343 Mich. 300

Elliott McCLARREN, Plaintiff and Appellant, v. William A. BUCK and Paul Sanderson, jointly and severally,

Defendants and Appellees.

Patrick LYNCH, Plaintiff and Appellant, v. William V. BUCK et al., Defendants and Appellees.

Hattie LYNCH, Plaintiff and Appellant, v. William A. BUCK et al., Defendants and Appellees.

Lillian McCLARREN, Plaintiff and Appellant, v. William A. BUCK et al., Defendants and Appellees.

Nos. 26-29.

Supreme Court of Michigan.

Oct. 3, 1955.

Alexander, Cholette, Buchanan, Perkins & Conklin, Detroit, for plaintiffs and appellants.

Moll, Desenberg, Purdy & Glover, Detroit, for defendant and appellee, William A. Buck.

Davidson, Kaess, Gotshall & Kelly, Detroit, for defendant and appellee, Paul Sanderson.

Before the Entire Bench.

SHARPE, Justice.

This is an appeal by plaintiffs from judgments of no cause of action. The basis of the appeal is the following instructions given to the jury:

'I charge you that merely because an accident happens and an injury results does not in and of itself give rise to the fact that it is necessary to bring a verdict in favor of the plaintiffs in these cases. I charged you before along that line that the mere happening of an accident doesn't in and of itself warrant a verdict in favor of the plaintiffs.

'In that connection, I charge you that should you find from the facts and circumstances that this was an unavoidable accident, then it would be your duty to return a verdict of no cause of action. In that regard, you are to check and analyze the testimony.'

The essential facts are as follows: On September 8, 1951, plaintiffs, Hattie Lynch and Lillian McClarren, were passengers for hire in a taxicab which was headed in a westerly direction on Six Mile Road, also known as McNichols Road, but hereafter referred to as Six Mile Road, at the intersection of Woodward Avenue in the city of Highland Park, Michigan. At the same time defendant, William A. Buck, was proceeding in a northerly direction on Woodward Avenue. When he was one block away from Six Mile Road he noticed the traffic signal changing from red to green. He stopped at the intersection with the front end of his motor vehicle approximately in the center of Six Mile Road. He intended to make a left hand turn at the intersection. His view to the right was blocked by other traffic. His car was the only car in the intersection waiting to make a left hand turn. After the light turned green for traffic on the Six Mile Road, defendant Buck started to turn into the west bound traffic.

The cab driver testified that when he was 75 feet east of Woodward Avenue, proceeding on Six Mile Road and travelling at a speed of 20 to 25 miles per hour, he did not see any car within the intersection facing north, but as he entered the intersection he noticed a west bound vehicle waiting to make a left hand turn to go south on Woodward Avenue. He attempted to pass north of the standing car, and at this time the Buck car moved forward, resulting...