AUTO OWNERS INS. CO. v. AUSTIN

Docket No. 74189.

147 Mich. App. 28 (1985)

383 N.W.2d 88

AUTO OWNERS INSURANCE COMPANY v. AUSTIN

Michigan Court of Appeals.

Decided January 4, 1985.


Attorney(s) appearing for the Case

O'Connor, McNamara & O'Keefe (by John P. O'Keefe), for plaintiff.

Clary, Nantz, Wood, Hoffius, Ranking & Cooper (by Stanley J. Stek), for defendant.

Before: MacKENZIE, P.J., and V.J. BRENNAN and R.E. ROBINSON, JJ.


PER CURIAM.

Glenn Cronk was driving down a road in Ionia County one night when he hit defendant's cow, which was in the middle of the road. Plaintiff paid Cronk $1,641.95 under his collision insurance policy for damage done to Cronk's car. Plaintiff then commenced this action as subrogee to its insured, seeking this amount. The only dispute is whether plaintiff must show that defendant was negligent in order to recover damages under the "animal running at large" act...

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