St. John v. General Motors Corp.

Michigan Supreme Court
St. John v. General Motors Corp., 17 N.W.2d 226 (Mich. 1945)
310 Mich. 392; 1945 Mich. LEXIS 477; 1 Empl. Prac. Dec. (CCH) 9610
Wiest, Starr, North, Bushnell, Sharpe, Boyles, Reid, Butzel

St. John v. General Motors Corp.

Opinion of the Court

Wiest, J.

In St. John v. General Motors Corp., 308 Mich. 333, we stated tbe issues involved, settled tbe law of tbe case and, under Court Rule No. 72 (1933), remanded tbe case to tbe circuit court for compliance, upon tbe record made, witb Court Rule No. 37, § 11 (c) (1933), and certify tbe same to tbis court, sucb matter to be added to tbe record in tbis court. In compliance witb tbis ord.er tbe circuit judge bas filed bis certificate stating tbe method and manner of bis computation of tbe amount due each of tbe 29 claimants. Under bis findings there is due plaintiff tbe sum of $55,690, and judgment bas been entered thereon.

Counsel for defendant insist tbe court employed a differential, general to all tbe women employees. Tbis is denied by tbe circuit judge and bis denial is supported by bis statement of tbe method be employed.

Tbe certificate has been read and tbe specific findings therein appear to be supported by tbe evidence. Inasmuch as counsel for defendant does not point out error in any specific instance we accept tbe findings of tbe circuit judge. Tbe computation covering tbe employment of 29 women, some of them over a period of six years previous to commencement, of suit, was most difficult but tbe circuit judge appar *394 ently gave it careful consideration and, upon general objection thereto by defendant, we are not obligated to make independent search of the voluminous record to ascertain whether the judge, in any instance, was in error. While exceptions to the findings were not necessary it was for defendant to specifically point out error calling for reversal.

Under the record as it now stands we' affirm the judgment of the'court below, with costs to plaintiff.

Starr, C. J., and North, Bushnell, Sharpe, Boyles, and Reid, JJ., concurred. Butzel, J., did not sit.

Reference

Status
Published