Spiers v. Martin, s. 70-71
| Decision Date | 08 June 1953 |
| Docket Number | Nos. 70-71,s. 70-71 |
| Citation | 336 Mich. 613,58 N.W.2d 821 |
| Parties | SPIERS v. MARTIN et al. COLLINS v. MARTIN et al. |
| Court | Michigan Supreme Court |
Ralph J. Osborne and Stewart A. Ricard, Detroit, for plaintiffs and appellees.
Edward N. Barnard, Detroit, for defendant and appellant.
Before the Entire Bench.
Plaintiffs, aged four and nine years of age respectively, were standing on the sidewalk at the southwest corner of the intersection of Jos. Campau Avenue, a 46-foot, paved, north and south street, and Charlevoix Avenue, a 26-foot, paved through street, running east and west, in the City of Detroit. The district was residential, the pavements dry and the afternoon bright and clear. Defendant Martin drove south on Jos. Campau and stopped in response to a stop sign before entering Charlevoix. Although he told police at the time that he had seen no vehicle approaching, he testified, on trial, that when he stopped he saw defendant Atwell's taxicab approaching the intersection from the east about 400 or 500 feet distant (at another time he fixed the distance at a half block, which the physical facts showed to be 132 feet); that he waited a couple of seconds and then started into the intersection. Martin's testimony was conflicting on this and other points, but he testified that when he started into the intersection the taxicab was about 500 feet, or a half block (132 feet), distant and 'he was far enough so I figured for me to go across.' Martin further testified that his car stalled or jerked somewhat and that he choked it and proceeded into the intersection at a rate of speed of five or ten miles per hour; that when his car had reached about the center of Charlevoix, which he was crossing, its left front fender and wheel were struck hard by the taxicab, causing his car to go up onto the sidewalk and to strike the plaintiff children and roll over on its top. Physical evidence indicated that the collision between the two vehicles occurred in the northwest quadrant of the intersection. Both vehicles came to rest entirely outside and to the south of the intersection. Martin's car lay on its top, headed south on the sidewalk along the west side of Jos. Campau, 35 feet from the point of impact. The taxicab stood south of the intersection, headed northeast, with its left rear wheel on the west curb of Jos. Campau, 21 feet from the point of impact. The front and of the Checker cab was badly damaged and crushed in and there was damage to its entire right side from end to end. The left front of Martin's car was damaged.
It is conceded that plaintiffs were not guilty of contributory negligence. They sustained serious injuries resulting from the accident. On trial defendant Atwell, owner of the taxicab, moved for a directed verdict and, after verdict for plaintiffs, for a judgment non obstante veredicto, which was denied. He appeals, asking for reversal of the judgment for plaintiffs without a new trial, and contends that a verdict should have been directed for him on the ground that there was no proof of any actionable negligence attributable to him.
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