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NABOZNY v. HAMIL

Docket No. 31, Calendar No. 48,437.

361 Mich. 544 (1960)

106 N.W.2d 230

NABOZNY v. HAMIL.

Supreme Court of Michigan.

Decided December 1, 1960.

Attorney(s) appearing for the Case

Earl C. Opperthauser, for plaintiff.

Howlett, Hartman & Beier (William B. Hartman, of counsel), for defendants.

BLACK, J. (dissenting).

This Court in recent years* has reaffirmed devotion to Mr. Justice COOLEY'S enduring aphorism that, "As a general rule, it cannot be doubted that the question of negligence is a question of fact and not of law." (Detroit & Milwaukee R. Co. v. Van Steinburg, 17 Mich. 99, 118.) The question of negligence in the case before us comes within that rule, and so I vote to reverse this judgment for...

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