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BIRKHILL v. TODD

Docket No. 5,879.

20 Mich. App. 356 (1969)

174 N.W.2d 56

BIRKHILL v. TODD

Michigan Court of Appeals.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Bernard J. Fieger, for plaintiff.

Plunkett, Cooney, Rutt & Peacock (Charles T. McGorisk, of counsel), for defendant.

Before: LESINSKI, C.J., and HOLBROOK and QUINN, JJ.

LESINSKI, C.J.

Plaintiff Ralph Birkhill brought action against defendant John Todd to recover damages allegedly caused when plaintiff was struck by an automobile driven by defendant while walking across a street. Following plaintiff's proofs, defendant moved for a directed verdict. The motion was granted and plaintiff appeals.

Following the well-settled rule that on a defendant's motion for a directed verdict the facts must be viewed most favorably for the...

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