Warmelink v. Tissue, 140.
| Decision Date | 02 March 1932 |
| Docket Number | No. 140.,140. |
| Citation | 241 N.W. 203,257 Mich. 228 |
| Parties | WARMELINK v. TISSUE et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Muskegon County; John Vanderwerp, Judge.
Action by Elizabeth Warmelink against William Tissue and others. Judgment for plaintiff, and defendants appeal.
Affirmed.
Argued before the Entire Bench.
Willard J. Turner, of Muskegon, for appellants.Wm. J. Branstrom, of Fremont, and Lou L. Landman, of Muskegon, for appellee.
Elizabeth Warmelink, plaintiff, and her husband, were returning to their farm at Rothbury, Mich., on the night of February 5, 1930. They were seated on the front seat of a Ford model T automobile, which plaintiff was driving. After arriving at Twin Lakes, in order to reach US-21, the main road, they proceeded along the Lakewood road. It is a dark road with but little traffic.
There had been considerable excitement over the fact that Burke, a notorious murderer, was supposed to be at large and in the vicinity of where plaintiff was traveling. A reward of $25,000 had been posted for his capture. Word had reached defendant William Tissue, sheriff of Muskegon county, to the effect that both Burke and another party engaged in the illicit traffic of liquor might be driving a Ford car along the Lakewood road. Defendants Pardo C. Light and Eugene Potts, deputy sheriffs, were dispatched by the sheriff to capture the men.
The following are plaintiff's claims: About 11 p. m. she was driving very slowly along Lakewood road when she passed a parked automobile. She was not given any signal to stop, nor had she any reason to believe that the car was occupied by deputy sheriffs. She noticed a man looking out of the rear window and also a man started to get out of the car. She and her husband feared a holdup and drove past the car. Deputy sheriffs who were in the car, an Oldsmobile much heavier and faster than plaintiff's car, began to pursue it and came to a stop in front of it. Plaintiff stalled the engine of her car, and after some delay in starting it again, she drove around the larger car and ahead of it. The deputies again gave chase, but this time did not attempt to block the road or to stop plaintiff's car or inform her of their identity. Defendant Light, however, standing on the running board of the car, shot at plaintiff's car about a dozen times. Plaintiff and her husband believed it better to run the chance of escaping rather than stop and place themselves at the mercy of ‘holdup’ men. Three bullets struck plaintiff's car. One penetrated the rear end just above the spare tire, passed through the upholstering of the rear seat, and was later found in back of the front seat of the car. The bullet, as well as the car with the holes in it, were exhibited to the jury. Plaintiff drove the car to the first building that was lighted up and brought it to a stop. The deputies in the meantime had caught up to plaintiff's car, and, as her husband stepped out, pointed a gun at him and cursed him. They searched the Ford car and found nothing but a loaf of bread. Plaintiff claims that they also cursed her. She showed that she was so prostrated by fright and nervous shock that she had to go to Hackley Hospital in Muskegon, where she remained thirteen days, and upon her return home she was bedridden six or seven weeks. Plaintiff further offered testimony showing that when defendant Tissue was remonstrated with, he denounced the actions of the deputies and stated that he was bonded by a surety company against the consequences of such acts.
Defendants, on the other hand, claim that they acted properly in the course of their duties; that it was after midnight that plaintiff's car approached their waiting car; that before plaintiff's car reached them, they turned on the lights of their car, which had a stop light on the fender; that defendant Light got out of the car, showed his badge to the occupants of the Ford car, and told them that he was a deputy sheriff; that plaintiff's car was driven suddenly towards him, and that to avoid being run into, he had to jump on the running board of the sheriff's car; that this action occurred three times; and that they suspected that the occupant of the car was Burke, and that he was trying to get away. They further claim that plaintiff suffered no physical injury; that the damages she complains of resulted solely from shock and fright, and not from any impact or touching of her person in any manner. The issue so sharply drawn was submitted to the jury, who rendered a verdict in favor of plaintiff in the sum of $750.
A large number of questions are raised on...
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