ROYER v. ESKOVITZ

Docket No. 12, Calendar No. 48,329.

358 Mich. 279 (1960)

100 N.W.2d 306

ROYER v. ESKOVITZ.

Supreme Court of Michigan.

Decided January 4, 1960.


Attorney(s) appearing for the Case

John A. Hamilton (John Arthur Hamilton, of counsel), for plaintiff.

Erickson, Dyll, Marentay & Slocum (Walter P. Cynar, of counsel), for defendant.


DETHMERS, C.J.

This case, heard by the circuit judge without a jury, resulted in judgment for plaintiff for personal injuries sustained in an automobile collision. Defendant appeals. He raises no question here as to his negligence, plaintiff's contributory negligence, or excessiveness of the judgment. His claims of error are (1) that the judgment is against the clear preponderance of the evidence, (2) that recovery was permitted on a theory other than that advanced...

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