Cox v. Bell

Michigan Supreme Court

Cox v. Bell

244 N.W. 161, 259 Mich. 555, 1932 Mich. LEXIS 1019

CourtMichigan Supreme Court

DecidedSeptember 16, 1932

DocketDocket No. 44, Calendar No. 36,349.

StatusPublished

Cited by1 cases

This text of 244 N.W. 161 (Cox v. Bell) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Bell, 244 N.W. 161, 259 Mich. 555, 1932 Mich. LEXIS 1019 (Mich. 1932).

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Opinion

Potter, J.

Plaintiff, as administrator of the estate of George E. Mead, deceased, brought suit against defendants to recover damages caused by the negligent killing of plaintiff’s intestate. There was judgment for defendants and plaintiff appeals. At the time of the accident, plaintiff’s decedent was driving westerly on Sixth street in the city of Monroe at a point where it intersects the Dixie highway, *556 a stop street. Defendant Fisk was driving south on Monroe avenue, which is the Dixie highway. Besides the driver in defendant’s automobile there was but one eyewitness. The undisputed testimony shows plaintiff’s decedent was driving westerly at approximately 35 miles an hour with his automobile, he did not stop at the stop street at its intersection with Sixth street, but proceeded without slacking his speed across that street, and the collision between the two automobiles respiting in the death of plaintiff’s decedent occurred at this intersection. Had plaintiff’s decedent observed the traffic law, stopped at the intersection, or had he been driving within the limits fixed by statute as to speed in driving automobiles (1 Comp. Laws 1929, § 4697), the accident would not have happened. Under the undisputed facts plaintiff’s decedent was guilty of contributory negligence. The trial court was correct in directing a verdict for defendants.

Judgment affirmed, with costs.

Clark, C. J., and McDonald, Sharpe, North, Fead, Wiest, and Butzel, JJ., concurred.

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Potter, J.

Plaintiff, as administrator of the estate of George E. Mead, deceased, brought suit against defendants to recover damages caused by the negligent killing of plaintiff’s intestate. There was judgment for defendants and plaintiff appeals. At the time of the accident, plaintiff’s decedent was driving westerly on Sixth street in the city of Monroe at a point where it intersects the Dixie highway, *556 a stop street. Defendant Fisk was driving south on Monroe avenue, which is the Dixie highway. Besides the driver in defendant’s automobile there was but one eyewitness. The undisputed testimony shows plaintiff’s decedent was driving westerly at approximately 35 miles an hour with his automobile, he did not stop at the stop street at its intersection with Sixth street, but proceeded without slacking his speed across that street, and the collision between the two automobiles respiting in the death of plaintiff’s decedent occurred at this intersection. Had plaintiff’s decedent observed the traffic law, stopped at the intersection, or had he been driving within the limits fixed by statute as to speed in driving automobiles (1 Comp. Laws 1929, § 4697), the accident would not have happened. Under the undisputed facts plaintiff’s decedent was guilty of contributory negligence. The trial court was correct in directing a verdict for defendants.

Judgment affirmed, with costs.

Clark, C. J., and McDonald, Sharpe, North, Fead, Wiest, and Butzel, JJ., concurred.

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Bluebook (online)

244 N.W. 161, 259 Mich. 555, 1932 Mich. LEXIS 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-bell-mich-1932.

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