Snyder v. Mathison

163 N.W. 104, 196 Mich. 378, 1917 Mich. LEXIS 790
CourtMichigan Supreme Court
DecidedMay 31, 1917
DocketDocket No. 30
StatusPublished
Cited by14 cases

This text of 163 N.W. 104 (Snyder v. Mathison) 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
Snyder v. Mathison, 163 N.W. 104, 196 Mich. 378, 1917 Mich. LEXIS 790 (Mich. 1917).

Opinion

Stone, J.

This is an action on the case to recover damages for personal injuries received by the plaintiff, growing out of the collision of two automobiles in the city of Grand Rapids on November 22, 1915. On that day, about noon, the plaintiff, a man 75 or 76 years of age, was riding in' a Ford car, being driven by one William Bailey, going south on College avenue, and at the intersection of said College avenue with Fountain street, an east and west street, they collided with a seven-passenger Kissel automobile being driven west by the defendant Vandenberg. Both streets were paved. In his declaration the plaintiff charges the defendants with negligence in the operation of the said automobile, owned by the defendant Mathison and being driven by the other defendant. The plea was the general issue.

Upon the trial, which appears to have been the second trial of the case, it was the plaintiff’s claim that the collision was the result of the negligent operation of th¿ larger automobilé by the defendant Vanden-. berg. He claimed that Bailey, who was driving the [380]*380Ford car, was operating it at a moderate rate of speed ; that defendants’ car was going about twice as rapidly as the other car, and was exceeding the speed limit; that said defendant did not have his car under control; that if he had gone in a straight line the collision would not have happened, but that he swerved his car to the south and ran into the Ford car, threw it against the curb, and turned it over, injuring the plaintiff; and that Bailey was a careful driver, was on the right-hand side of the street, and exercised care and caution, and that the Ford car had the right of way at this intersection. Plaintiff further testified that one of his ribs was broken, and that, because of his age, the shock, injury, and pain resulting from the injury had kept him from his work, and that he would be unable to work for some time; and that his business was that of buying poultry and meats on commission, and his earnings were about $12 a week. This trial took place in May, 1916, about six months after the injury.

On the other hand, it was defendants’ claim that Bailey, the driver of the Ford car in which plaintiff was riding, was exceeding the speed limit, driving from 20 to 30 miles an hour; that he was driving on the wrong side of the street; that he threw his brakes on when directly ahead of defendant’s car, without any signal, thus causing the collision; that he did not have his car under control; that said defendant had the right of way; and that the accident was caused solely by reason of the negligence of Bailey. Defendants further claimed that at no time, as he approached the intersection, was Vandenberg going over 13 miles an hour; that when he was 25 or 30 feet east of the crossing he saw Bailey, 60 to 75 feet north of the intersection, and that he was coming rapidly; that as he neared the crossing Vandenberg realized he would be struck if he continued in a straight line, so he put on his [381]*381brakes and swung his car quickly to the south; that Bailey turned to his right, and tried to shoot out across and ahead of defendants’ car; that said defendant had nearly passed plaintiff’s car when the right fender of defendant’s car struck the Ford; that Bailey improperly applied the brakes to his car just before he was struck, and that he gave no signal to Vandenberg; that the slippery condition of the pavement caused defendants’ car to skid, and after striking the Bailey car with the fender, further progress of the defendants’ car was stopped, and the force and weight of defendants’ car upon the slippery pavement caused it to turn completely around, so that it was headed east when it stopped..

Both parties gave testimony tending to support their respective claims, and we are satisfied that the questions presented by the evidence were for the jury, as there was a sharp conflict in the evidence upon nearly every question involved. The traffic ordinance of the city was put in evidence. Among other things it provides as follows:

“In all the streets of the city, except those lying within the congested district thereof, as herein defined, in case of vehicles approaching each other, the right-hand vehicle shall have the right of way. * * * Drivers or operators of vehicles before turning, stopping, backing,.or changing their course, shall make sure that such movement can be made safely, and shall give a plain signal to others on the street by extending or elevating the hand.”

It was conceded that the streets involved were not in the congested district, but were in the residence district of said city.

During the examination of Juror Eleveld, by Mr. Linsey, counsel for plaintiff, the following occurred:

“Q. How long have you known Mr. Ten Broek?
“A. Nearly 40 years.
[382]*382“Q. Do you represent the London & Lancashire Indemnity Company of London?
“A. No, sir.
“Q. You have nothing to do with that?
“A. No, sir.
“Mr. Dunham (counsel for defendants): It does not strike me that these questions relative to automobile insurance are competent in this case. There is no question of insurance in this case. It is the personal liability of these defendants.
“Mr. Linsey: Counsel knows by whom he is employed, and I think I have a right—
“Mr. Dunham: I do not think counsel is warranted in making that statement, trying to get things before the jury that are not competent, and I take an exception.
“The Court: The statement is not proper. A matter of that kind ought not to be suggested or brought into the case; it is absolutely prohibited under the law, under the ruling of the Supreme Court, and it is reversible error if the statement is made.
“Mr. Linsey: I did not mean anything.wrong by it, your honor, I thought I was within my rights in examining the juror, but I may not have been.”

Counsel for defendants exercised only one peremptory challenge. After exercising this challenge another juror was called, and after his examination the following took place:

“Mr. Dunham: Pass the juror for cause.
“The Court: Any peremptories ?
“Mr. Dunham: We are satisfied.”

Following that, Mr. Linsey excused another juror; a juror was called in his place, and at the close of his examination the following took place:

“Mr. Dunham: We pass the juror for cause.
“Mr. Linsey: We are satisfied, your honor.
“Mr. Dunham: I am satisfied.”

Whereupon the jury were sworn and the trial proceeded.

The defendant Vandenberg was called for cross-[383]*383examination under the statute by the plaintiff, and in the course of his examination he was asked by Mr. Linsey the following question:

“Your car came around there with such force that the rear wheel hit the Fountain street curb, didn’t it?
“Mr. Dunham:

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Cite This Page — Counsel Stack

Bluebook (online)
163 N.W. 104, 196 Mich. 378, 1917 Mich. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-mathison-mich-1917.