Palazzolo v. Sackett
| Decision Date | 04 December 1928 |
| Docket Number | No. 70.,70. |
| Citation | 222 N.W. 83,245 Mich. 97 |
| Parties | PALAZZOLO v. SACKETT et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Superior Court of Grand Rapids; Leonard D. Verdier, Judge.
Action by Joseph Palazzolo, by his next friend, Jacob Palazzolo, against Ray C. Sackett and another. Judgment for plaintiff, and defendants bring error. Reversed and new trial ordered.
Argued before the Entire Bench. Dilley, Souter & Dilley, of Grand Rapids, for appellants.
Wicks, Fuller & Starr and Linsey, Shivel & Phelps, all of Grand Rapids, for appellee.
This is an action for damages for personal injuries arising out of the alleged negligent operation of an automobile. Plaintiff was less than four years old. The injury occurred in Grand Rapids. Plaintiff claimed that defendant Becker, an employé of defendant Sackett, was driving at an excessive rate of speed and on the left side of the street; that plaintiff stepped off the curb on the left side and was struck. Defendants claimed that Becker was driving at a speed of about 12 miles per hour on the right side of the street, that plaintiff suddenly stepped out from the right curb and behind another car, ran against defendants' car, and the injury was the result of inevitable accident. Plaintiff had verdict of $2,000.
In the voir dire examination, plaintiff's counsel inquired of some of the jurors whether they carried insurance in a certain foreign corporation named, or had connections with certain insurance agents. He persisted in such course after adverse rulings by the court. The trial judge, on motion for new trial, thus characterized the incident:
We cannot say that the verdict was against the overwhelming weight of the evidence, even though, as was said by the trial court, the evidence on the part of the plaintiff was not ...
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Fosness v. Panagos
...Black in Darr v. Buckley, 355 Mich. 392, 94 N.W.2d 837. See, also, Holman v. Cole, 242 Mich. 402, 218 N.W. 795, and Palazzolo v. Sackett, 245 Mich. 97, 222 N.W. 83. Decision therein is conclusive of a holding of reversible error Last year, in Felice v. Weinman, 372 Mich. 278, 126 N.W.2d 107......
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Harker v. Bushouse
...but for the purpose of inflaming or prejudicing the minds of the jury. Holman v. Cole, 242 Mich. 402, 218 N. W. 795;Palazzolo v. Sackett, 245 Mich. 97, 222 N. W. 83. Subdivision 6, § 33, chapter 2, part 3 of Act No. 154, Public Acts of 1929 (section 12460, Comp. Laws 1929), refers to provis......
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Palazzolo v. Sackett
...city of Grand Rapids. The case has been twice tried. On the first trial a judgment for the plaintiff was reversed by this court in 245 Mich. 97, 222 N. W. 83. The facts are therein sufficiently stated. In reversing that judgment, this court held that the verdict was not against the great we......
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Monison v. McCoy
...the prior decisions of this court, and constituted prejudicial error. Holman v. Cole, 242 Mich. 402, 218 N. W. 795;Palazzolo v. Sackett, 245 Mich. 97, 222 N. W. 83;Easton v. Medema, 246 Mich. 130, 224 N. W. 636:Harker v. Bushouse, 254 Mich. 187, 236 N. W. 222. It is claimed the charge of th......