MILLER v. DETROIT CAB CO.

No. 2 April Term 1974, Docket No. 54,749.

392 Mich. 480 (1974)

221 N.W.2d 342

MILLER v. DETROIT CAB COMPANY

Supreme Court of Michigan.

Decided September 6, 1974.


Attorney(s) appearing for the Case

Lippitt, Perlove, Varga & Zack, for plaintiff.

Sommers, Schwartz, Silver, Schwartz, Tyler & Gordon, P.C. (by Donald J. Morbach), for defendants.


LEVIN, J.

A reasonable man could properly conclude that the taxicab driver could have avoided the accident if he had been more alert and exercised due care.

The Court of Appeals is reversed. The judgment n.o.v. is set aside and the cause is remanded for entry of judgment on the jury's verdict for plaintiff.

T.M. KAVANAGH, C.J., and T.G. KAVANAGH, WILLIAMS, and J.W. FITZGERALD, JJ., concurred with LEVIN, J.

SWAINSON, J. (dissenting...

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