Riser v. Riser, No. 3

CourtSupreme Court of Michigan
Writing for the CourtCLARK
PartiesRISER v. RISER et ux.
Decision Date03 October 1927
Docket NumberJune Term.,No. 3

240 Mich. 402
215 N.W. 290

RISER
v.
RISER et ux.

No. 3, June Term.

Supreme Court of Michigan.

Oct. 3, 1927.


Certiorari to Circuit Court, Saginaw County; Clarence M. Browne, Judge.

Action by Mary F. Riser against Martin L. Riser and wife. Defendants' motion to dismiss was denied, and they bring certiorari. Declaration dismissed.

Argued before the Entire Bench.

[215 N.W. 290]

O'Keefe & O'Keefe, of Saginaw, for appellants.

Weadock & Weadock, of Saginaw, for appellee.


CLARK, J.

Defendants, Martin L. Riser and Emma J. Riser, his wife, owned a Reo sedan. On January 26, 1926, they invited the plaintiff and her husband, Roy Riser, to accompany them as their guests in their car from Saginaw to Belding. On the return trip that day Roy Riser drove the car, plaintiff riding therein with the defendants. While plaintiff's husband was driving, the car went into the ditch, and plaintiff was injured. She brought suit against said defendants, Martin L. and Emma J. Riser. The declaration sets forth many duties of the defendants toward her while she was riding in the car, but the averment of breach is not quite so extensive. We quote from the declaration:

‘Plaintiff avers that the defendants then and there invited other guests into said automobile and solicited and required Roy Riser, of Saginaw, Mich., the husband of plaintiff, to operate and manage the said automobile, and that the said defendant Martin L. Riser rode in said car, and, instead of operating and carefully directing the said car, he urged and requested the said Roy Riser to drive the same, and neglected and failed to fully advise the said Roy Riser of the peculiar methods of operation required in driving said Reo sedan, well knowing that then and there the roads were slippery with ice and drifted with snow, and that extreme care and caution was required to safely carry said plaintiff over the same.

‘Plaintiff avers that on the course of said journey at a point on a trunk line, known and called trunk line M-4 about 3 1/4 miles south of Ithaca, the said Roy Riser, then and there not being familiar with the operation of the brakes and driving controls of said car, operated the said machine under the direction and authority of the said defendants; that said Roy

[215 N.W. 291]

Riser, driving too rapidly over said trunk line M-14, on account of the condition of the road, had occasion to check the said car by placing his foot on the brake pedal controlling and reducing the speed of the car; that said plaintiff...

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39 practice notes
  • Moore v. Palmer, Nos. 53-56
    • United States
    • Supreme Court of Michigan
    • 26 Noviembre 1957
    ...Freeza v. Schauer Tool & Die Co., 322 Mich. 293, 33 N.W.2d 799. And in Geib v. Slater, 320 Mich. 316, 31 N.W.2d 65, and Riser v. Riser, 240 Mich. 402, 215 N.W. 290, 291, this Court in discussing this statute quoted language purporting to originate in an Iowa case (Maine v. James Maine & Son......
  • Mosier v. Carney, Nos. 11
    • United States
    • Supreme Court of Michigan
    • 1 Enero 1964
    ...I 405-406 (2d ed. 1899). The third case to present the issue of interspousal tort immunity to this Court was Riser v. Riser (1927), 240 Mich. 402, 215 N.W. 290. Defendants, husband and wife, invited plaintiff and her husband to accompany them in defendants' vehicle on a short automobile jau......
  • Kyle v. Kyle, No. 32749.
    • United States
    • Supreme Court of Minnesota (US)
    • 25 Abril 1941
    ...198 Iowa 1278, 201 N.W. 20, 37 A.L.R. 161; Emerson v. Western S. & I. Co., 116 Neb. 180, 216 N.W. 297, 56 A.L.R. 327; Riser v. Riser, 240 Mich. 402, 215 N.W. 290. That question was presented here in Miller v. J. A. Tyrholm & Co., Inc., 196 Minn. 438, 265 N.W. 324, 328. We did not regard our......
  • Kyle v. Kyle, No. 32749.
    • United States
    • Minnesota Supreme Court
    • 15 Mayo 1941
    ...Co., 198 Iowa 1278, 201 N.W. 20, 37 A.L.R. 161;Emerson v. Western S. & I. Co., 116 Neb. 180, 216 N.W. 297, 56 A.L.R. 327;Riser v. Riser, 240 Mich. 402, 215 N.W. 290. That question was presented here in Miller v. J. A. Tyrholm & Co., Inc., 196 Minn. 438, 265 N.W. 324, 328. We did not regard ......
  • Request a trial to view additional results
39 cases
  • Moore v. Palmer, Nos. 53-56
    • United States
    • Supreme Court of Michigan
    • 26 Noviembre 1957
    ...Freeza v. Schauer Tool & Die Co., 322 Mich. 293, 33 N.W.2d 799. And in Geib v. Slater, 320 Mich. 316, 31 N.W.2d 65, and Riser v. Riser, 240 Mich. 402, 215 N.W. 290, 291, this Court in discussing this statute quoted language purporting to originate in an Iowa case (Maine v. James Maine & Son......
  • Mosier v. Carney, Nos. 11
    • United States
    • Supreme Court of Michigan
    • 1 Enero 1964
    ...I 405-406 (2d ed. 1899). The third case to present the issue of interspousal tort immunity to this Court was Riser v. Riser (1927), 240 Mich. 402, 215 N.W. 290. Defendants, husband and wife, invited plaintiff and her husband to accompany them in defendants' vehicle on a short automobile jau......
  • Kyle v. Kyle, No. 32749.
    • United States
    • Supreme Court of Minnesota (US)
    • 25 Abril 1941
    ...198 Iowa 1278, 201 N.W. 20, 37 A.L.R. 161; Emerson v. Western S. & I. Co., 116 Neb. 180, 216 N.W. 297, 56 A.L.R. 327; Riser v. Riser, 240 Mich. 402, 215 N.W. 290. That question was presented here in Miller v. J. A. Tyrholm & Co., Inc., 196 Minn. 438, 265 N.W. 324, 328. We did not regard our......
  • Kyle v. Kyle, No. 32749.
    • United States
    • Minnesota Supreme Court
    • 15 Mayo 1941
    ...Co., 198 Iowa 1278, 201 N.W. 20, 37 A.L.R. 161;Emerson v. Western S. & I. Co., 116 Neb. 180, 216 N.W. 297, 56 A.L.R. 327;Riser v. Riser, 240 Mich. 402, 215 N.W. 290. That question was presented here in Miller v. J. A. Tyrholm & Co., Inc., 196 Minn. 438, 265 N.W. 324, 328. We did not regard ......
  • Request a trial to view additional results

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