Cummings v. City of Dearborn, Michigan
Cummings v. City of Dearborn, Michigan
Opinion of the Court
The District Court directed a verdict for the defendant upon the ground that Nagy, the driver of the car, in which plaintiff’s ward, Gus Cummings, twenty years old, was riding, was guilty of negligence. This was error for two reasons: (1) Because in a federal court the contributory negligence of Nagy, the driver, cannot be imputed to Cummings, the passenger. Wabash R. Co. v. Walczak, 49 F.(2d) 763 (C.C.A. 6) ; Commercial Elec. Supply Co. v. Greschner, 59 F.(2d) 512 (C.C.A. 6). And (2) because the negligence of a driver is never imputed to a minor passenger [Fairchild v. Detroit, G. H. & M. Ry. Co., 250 Mich. 252, 230 N.W. 167] but the directed verdict in favor of appellee, the city
It is therefore ordered and adjudged that the judgment of the District Court be and the same is affirmed. The cross-appeal of the City of Dearborn is dismissed because the verdict and judgment was in no wise adverse to it.
Reference
- Full Case Name
- Diana CUMMINGS, Guardian of Gus Cummings, a Minor, and Cross-Appellee v. CITY OF DEARBORN, MICHIGAN, a Municipal Corporation, and
- Status
- Published