SHAFKIND v. KROLL

Docket Nos. 15, 16, Calendar Nos. 49,380, 49,381.

367 Mich. 42 (1962)

116 N.W.2d 58

SHAFKIND v. KROLL.

Supreme Court of Michigan.

Decided July 2, 1962.


Attorney(s) appearing for the Case

Albert Lopatin, for plaintiffs.

Erickson, Dyll, Marentay & Slocum (Milo M. Rouse, of counsel), for defendant.


BLACK, J.

The sole question is whether, in these consolidated jury-tried traffic accident cases, the trial judge should have granted plaintiffs' timely request for instruction that the defendant motorist could, depending of course on jury view of the presented facts, be held liable for what we call subsequent or discovered negligence. See — in Prosser on Torts (2d ed), § 52, p 291 — discussion of what, since Davies v. Mann, 10 M &...

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