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Full-Text Articles in Evidence
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Michigan Law Review
Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Michigan Law Review
Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …