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AETNA INS. CO. v. DETROIT & T.S.L.R. CO.

Docket No. 3, Calendar No. 47,245.

354 Mich. 580 (1958)

93 N.W.2d 272

AETNA INSURANCE COMPANY v. DETROIT & TOLEDO SHORE LINE RAILROAD COMPANY.

Supreme Court of Michigan.

Decided December 3, 1958.

Attorney(s) appearing for the Case

Reginald S. Johnson, for plaintiff.

F.B. Henderson and E.C. Opperthauser, for defendant.

VOELKER, J.

Appellant insurance company appeals from a judgment of the circuit court of the county of Wayne reversing a decision of the common pleas court for the city of Detroit, sitting without a jury, which granted judgment in its favor for property damage suffered by plaintiff's subrogor.

Plaintiff's proofs on its main case disclose that about 7:30 on the morning of October 4, 1955, the plaintiff's subrogor was driving his new 1956 Ford automobile east...

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