McCANN v. TERHUNE

Docket No. 3,059.

12 Mich. App. 364 (1968)

162 N.W.2d 906

McCANN v. TERHUNE.

Michigan Court of Appeals.

Decided July 23, 1968.


Attorney(s) appearing for the Case

Alspector, Sosin & Mittenthal, for plaintiff.

Johnson, Campbell & Moesta, for defendants.


J.H. GILLIS, J.

The question presented here is whether a person in the act of entering an automobile for immediate transportation on a gratuitous basis is being "transported" under CLS 1961, § 257.401 (Stat Ann 1960 Rev § 9.2101), Michigan's guest-passenger statute, so as to bar the right to recover against the driver and owner of the vehicle for ordinary negligence.

The plaintiff, Mrs. McCann, had made arrangements with Mr. Terhune, one of the defendants...

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