Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Automobile accident

University of Michigan Law School

Transportation Law

1939

Articles 1 - 2 of 2

Full-Text Articles in Law

Automobiles - Host-Guest Statutes - "Gross Negligence Or Wilful And Wanton Misconduct'', Michigan Law Review May 1939

Automobiles - Host-Guest Statutes - "Gross Negligence Or Wilful And Wanton Misconduct'', Michigan Law Review

Michigan Law Review

Plaintiff, a guest in defendant's automobile, sustained injuries when defendant attempted to pass a car while approaching the brow of a hill and failed to see an oncoming car until too late to avoid a collision. Although the highway was heavily crowded, defendant had been driving at a speed of sixty-five to seventy miles per hour, and had been passing cars on the straight and over hills, ignoring the protests of his passengers. Defendant appealed from verdict and judgment for plaintiff. Held, with two justices dissenting, that under the statute requiring proof of defendant's "gross negligence or wilful and …


Negligence - Contributory Negligence - Last Clear Chance Doctrine Applied To The Plaintiff - Necessity Of Actual Knowledge Of Danger, John H. Uhl May 1939

Negligence - Contributory Negligence - Last Clear Chance Doctrine Applied To The Plaintiff - Necessity Of Actual Knowledge Of Danger, John H. Uhl

Michigan Law Review

The plaintiff was injured in a collision of the automobile in which she was riding, driven by her husband, and one driven by the defendant. The defendant, as an affirmative defense, alleged that as he was about to enter the intersection, his car skidded and went out of control; and that both the plaintiff and her husband saw the dangerous situation in sufficient time to have avoided the accident. The court instructed the jury that if the plaintiff or her husband saw, or by the exercise of reasonable diligence could have seen, that the defendant was in a place of …