Morocco v. Lange
| Decision Date | 06 March 1934 |
| Docket Number | No. 27.,27. |
| Citation | 266 Mich. 238,253 N.W. 281 |
| Parties | MOROCCO v. LANGE et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Monroe County; Jesse H. Root, Judge.
Action by Jack Morocco against A. H. Lange, doing business under the assumed name of the Lange Motor Sales, of Dundee, and another. Judgment for plaintiff, and defendants appeal.
Affirmed.
Argued before the Entire Bench.
Don W. Van Winkle, of Howell, and Golden, Nadeau & Fallon, of Monroe, for appellants.
Gordon & Williamson, of Monroe, for appellee.
Plaintiff had verdict of a jury and judgment for damages for injuries sustained in a collision between a truck in which he was riding, owned and drived by Jim Castiglione, and a car owned by defendant Lange and driven by defendant Cronenwett, an employee of Lange. A principal question is whether the court should have directed verdict for defendant on the ground of contributory negligence of the truck driver, imputed to plaintiff.
The collision occurred on East Front street at Monroe, a dirt highway with traveled portion 25 feet wide, sodded 10-foot berm to the north, and 4-foot dirt sidewalk. The testimony favorable to plaintiff is that the truck was proceeding southerly on a private road; when it reached the sidewalk it stopped; the driver and plaintiff looked to the west and saw defendant's car a block and a half away; they did not know its speed and Castiglione thought he could safely proceed into the highway; he started the truck but, after running a few feet, noticed that the car was approaching very rapidly, turned slightly to the east, and stopped; the truck then was north of the center of the traveled portion of the highway and was struck at the cab by defendant's car coming head-on; the collision occurred because defendant's car was on the wrong side of the road and the driver was watching people along the highway instead of looking ahead.
The truck driver accorded to Cronenwett full right of way because the latter had ample room to proceed on his own right side of the highway. Castiglione was not bound to anticipate that Cronenwett would not make proper observation or that he would approach on the wrong side of the road and, therefore, it cannot be said, as a matter of law, that he was negligent in proceeding. When he saw danger of collision he acted to avoid it. The facts were in sharp dispute and the issues both of negligence and contributory negligence properly were submitted to the jury.
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Jackson City Bank & Trust Co. v. Blair
...a similar refusal was approved, see People, for Use of National Regulator Co. v. Rosewarne, 247 Mich. 22, 225 N.W. 590; Morocco v. Lange, 266 Mich. 238, 253 N.W. 281; Stankrauff v. DeVoe, 281 Mich. 660, 275 N.W. 723; National Land Co. v. Ternes, 298 Mich. 455, 299 N.E. 144. The admission of......
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Teetzel v. Atkinson
...abuse of discretion, rather various principles have been established as guides to direct the actions of courts. In Morocco v. Lange, 266 Mich. 238, 253 N.W. 281, we held that whether there had been an abuse of discretion depended upon all of the circumstances of the particular case. In Rous......
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Konstantine v. City of Dearborn
...The record in the instant case does not disclose an abuse of discretion. People v. Rosewarne, 247 Mich. 22, 225 N.W. 590;Morocco v. Lange, 266 Mich. 238, 253 N.W. 281. Obviously the local practice followed in Wayne county, whereby provision is made for pre-trial hearings, gives a fair and r......
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Scott v. Cleveland
...The record in the instant case does not disclose an abuse of discretion. People v. Rosewarne, 247 Mich. 22, 225 N.W. 590; Morocco v. Lange, 266 Mich. 238, 253 N.W. 281. Obviously the local practice followed in Wayne county, whereby provision is made for pre-trial hearings, gives a fair and ......