Mitcham v. City of Detroit

94 N.W.2d 388, 355 Mich. 182
CourtMichigan Supreme Court
DecidedJanuary 12, 1959
DocketDocket 15, Calendar 45,760
StatusPublished
Cited by549 cases

This text of 94 N.W.2d 388 (Mitcham v. City of Detroit) 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
Mitcham v. City of Detroit, 94 N.W.2d 388, 355 Mich. 182 (Mich. 1959).

Opinions

Voelker, J.

The plaintiffs, husband and wife (by stipulation their cases were tried and appealed as one), were passengers in the defendant’s municipally operated trackless motor coach. They were seated on a side seat running lengthwise and facing the aisle. At a point not at a street intersection and not at a regular bus stop the coach without warning [185]*185swerved suddenly to the left and stopped abruptly, pitching the wife violently forward against an adjoining upright metal stanchion and severely injuring her. In due course she filed suit, her husband filing a companion suit to recover certain medical and other expenses and losses. The accident occurred on June 7, 1947.

At the trial the plaintiffs testified in addition to the foregoing that from the time they had gotten seated on the bus it began and continued “weaving and turning;” the wife said that she kept watching traffic and watching the driver “because his turns were so quick;” that he made a “quick stop” to pick up passengers; that prior to the accident he was “zig-zagging” and was passing cars, “pulling in and out, working in and out” until he made a “sharp cut” and “sudden stop, no warning whatsoever.” The husband testified that prior to the accident the coach had been, to use his words, “twisting” and “reeling and rocking;” that at one regular stop to load passengers, prior to the accident, he had to “grab hold of the seat” because of the suddenness of the stop; that when the accident occurred he had to grab for the metal stanchion to avoid being thrown and injured; that he also kept “watching the driver” because he was “afraid of an injury.” Both plaintiffs testified, in substance, that from where they sat they were unable to see or tell precisely why the coach swerved and came to a sudden stop, nor could they do so later because of the ensuing concern and excitement, and, also, that because neither of them drove-cars neither could tell how fast the bus had been travelling.

The plaintiffs also produced rather detailed proofs on the severity and extent of the wife’s injuries, the-nature of her treatment (including- a sojourn at the-Mayo Clinic), and the prolonged course of her convalescence. At the close of plaintiffs’ proofs the de[186]*186fendant moved for a directed verdict because of plaintiffs’ failure to prove defendant’s negligence or make out a prima facie case. Tbe court reserved

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Cite This Page — Counsel Stack

Bluebook (online)
94 N.W.2d 388, 355 Mich. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitcham-v-city-of-detroit-mich-1959.