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CUMMINGS v. CITY OF DEARBORN, MICHIGAN

Nos. 7243, 7244.

90 F.2d 1005 (1937)

Diana CUMMINGS, Guardian of Gus Cummings, a Minor, Appellant and Cross-Appellee, v. CITY OF DEARBORN, MICHIGAN, a Municipal Corporation, Appellee and Cross-Appellant.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1937.

Attorney(s) appearing for the Case

Leonard Simons and Bresnahan & Groefsema, all of Detroit, Mich., for appellant.

James E. Greene, of Dearborn, Mich., for appellee.

Before HICKS and ALLEN, Circuit Judges, and MARTIN, District Judge.

HICKS, Circuit Judge.

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...

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