Michigan Supreme Court, 1940

Hodge v. Beaman

Hodge v. Beaman
Michigan Supreme Court · Decided September 6, 1940 · WIEST, J.
293 N.W. 710; 294 Mich. 442; 1940 Mich. LEXIS 771 (North Western Reporter)
Hodge v. Beaman

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Opinion of the Court

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 *Page 443 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.

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