Wertman v. Mich. Mut. Liab. Co.

• Decision Date: 04 June 1934
• Docket Number: No. 52.,52.
• Citation: 267 Mich. 508,255 N.W. 418
• Parties: WERTMAN v. MICHIGAN MUT. LIABILITY CO.
• Court: Michigan Supreme Court

267 Mich. 508

255 N.W. 418

WERTMAN

v.MICHIGAN MUT. LIABILITY CO.

No. 52.

Supreme Court of Michigan.

June 4, 1934.

Appeal from Circuit Court, Genesee County, in Chancery; James S. Parker, Judge.

Action by Mae C. Wertman, administratrix of the estate of Harvey E. Wertman, deceased, against the Michigan Mutual Liability Company. From a judgment for plaintiff, defendant appeals.

Reversed.

Argued before the Entire Bench, except BUSHNELL, J.

L. J. Carey and Geo. J. Cooper, both of Detroit, for appellant.

Doran & Pearson, of Flint, for appellee.

WIEST, Justice.

This is an action on an accident insurance policy. We quote the following from the stipulated facts:

‘On July 6, 1932, about the hour of six P. M. he (the insured) was the owner, and was operating, a Chevrolet coupe with a light trailer attached, going in a southerly direction on the Clio road in Genesee county, about a half mile north of Pearson road. He was alone at the time, having delivered some lumber to a location on the Clio road, and was returning to his home in Flint. As he was proceeding along the highway some papers which he had in his car slipped to the floor, and he thought one of them had blown out, and he put his head out of the left side window of the car and looked back up the road; while thus momentarily looking back, his car veered off to the right side of the highway and ran into a shallow ditch, striking a Consumers Power Company pole, carrying high tension wires, which pole was about six feet off the highway. The impact broke the pole completely off, one of the wires broke and fell with one end laying over the car and/or trailer, and the other end on the ground in the grass, under the car. The right front end of the car struck the pole. After the collision the car was completely off the pavement about a foot from the edge.

‘Deceased (the insured) got out of the left door of the car. About five people had gathered at the scene, saw the deceased walk across the pavement and stand around a few minutes talking to some of the bystanders and telling them about the papers slipping off the seat, thinking one had blown out, and his looking back outside to see, and then his car going off the road. He appeared shocked and pale to most of the bystanders, and all right to others.

‘The end of the wire on the ground apparently set the grass on fire right under the motor. Deceased started toward the car and some of the bystanders shouted a warning not to touch the car, but he...