IVY v. BINGER

Docket No. 10713.

39 Mich. App. 59 (1972)

197 N.W.2d 133

IVY v. BINGER

Michigan Court of Appeals.

Decided February 28, 1972.


Attorney(s) appearing for the Case

Sinas, Dramis, Brake & Turner, P.C., for plaintiffs.

Foster, Lindemer, Swift & Collins, P.C., for defendant.

Before: DANHOF, P.J., and T.M. BURNS and VAN VALKENBURG, JJ.


PER CURIAM.

This appeal arises out of a negligence suit in which the jury returned a verdict for defendant. Plaintiffs appeal as of right.

Appellants contend that the trial court erred in instructing the jury that if defendant was confronted with a sudden emergency not of his own making, then defendant could not be said to have violated the "assured clear distance ahead" statute. MCLA 257.627(a); MSA 9.2327(a).

Six-year-old Eddie James Ivy was struck...

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