Docket No. 37, Calendar No. 47,387.

354 Mich. 241 (1958)

92 N.W.2d 507


Supreme Court of Michigan.

Decided October 13, 1958.

Attorney(s) appearing for the Case

H. Murray Campbell, for plaintiff.

James C. Herrinton, for defendant.


This is an automobile accident case. The plaintiff had jury verdict and judgment. In our Court defendant primarily urges a fatal variance between pleadings and proofs.

The accident occurred about 2 in the afternoon of a March day in a rural area. The roads were clear in the center, with slush on the outer sides. At the place of the accident, Meauwataka road, an east-west highway between 17 and 18 feet in width, is intersected on the south side only...

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