Hodge v. Beaman

293 N.W. 710, 294 Mich. 442, 1940 Mich. LEXIS 771

Opinion

This is a guest passenger case. The alleged gross negligence or wilful and wanton misconduct of defendant consisted in driving, in the afternoon of a summer day, at 40 miles per hour in a driving rain and high wind and poor visibility and, while trying to pass a truck upon a three-lane highway, contact with an oncoming automobile caused defendant's car to swing around on the wet pavement into the path of another car and in the collision plaintiff was seriously injured. The court directed a verdict for defendant and this appeal is by plaintiff. This did not constitute gross negligence or wilful and wanton misconduct.

Affirmed.

See Findlay v. Davis, 263 Mich. 179; Grabowski v. Seyler,261 Mich. 473; Keilitz v. Elley, 276 Mich. 701;Rowe v. Vander Kolk, 278 Mich. 564; Raby v. Dodge, 279 Mich. 626; In re Mueller's Estate, 280 Mich. 203.

Defendant will recover costs.

BUSHNELL, C.J., and SHARPE, CHANDLER, NORTH, McALLISTER, and BUTZEL, JJ., concurred. The late Justice POTTER took no part in this decision.