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EVANS v. HACKARD

Docket No. 9356.

29 Mich. App. 291 (1970)

185 N.W.2d 104

EVANS v. HACKARD

Michigan Court of Appeals.

Leave to appeal denied March 25, 1971.

Attorney(s) appearing for the Case

Lopatin, Miller & Bindes (Michael H. Feiler, of counsel) for plaintiffs.

Eggenberger, Eggenberger, McKinney & Weber for defendant.

Before: McGREGOR, P.J., and HOLBROOK and O'HARA, JJ.

Leave to appeal denied March 25, 1971. 384 Mich. 822.

O'HARA, J.

The error in this case, and error there was, arises out of the perhaps understandable misapplication by the learned trial judge of this court's opinion in Papajesk v. The C. & O.R. Co. (1968), 14 Mich.App. 550.

We say "perhaps understandable" because Papajesk was an action...

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