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Litle v. Grieve

Michigan Court of Appeals
Jun 29, 1970
25 Mich. App. 107 (Mich. Ct. App. 1970)

Opinion

Docket No. 6,255.

Decided June 29, 1970.

Appeal from Wayne, George E. Bowles, J. Submitted Division 1 June 10, 1970, at Detroit. (Docket No. 6,255.) Decided June 29, 1970.

Complaint by Mary Litle against George Grieve, himself and as administrator of the estate of Gladys P. Grieve, for injuries sustained in an automobile-pedestrian accident. Judgment for plaintiff. Defendant appeals. Affirmed.

Davidson, Gotshall, Halsey, Kohl, Nelson, Secrest Wardle ( John J. Beach, of counsel), for plaintiff.

Garan, Lucow Miller, for defendant.

Before: DANHOF, P.J., and V.J. BRENNAN and J.J. KELLEY JR., JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


This action arose out of an automobile-pedestrian accident which occurred in October, 1961. A jury trial was held and plaintiff was awarded $18,000. Defendant's motion for a new trial was denied, and he has appealed alleging several errors.

After a careful reading of the trial court's instructions regarding the application of MCLA §§ 257.612, 257.613 (Stat Ann 1968 Rev §§ 9.2312, 9.2313) concerning pedestrians crossing streets, we hold that the instructions were not erroneous.

Defendant asserts that the admission of the rebuttal testimony was prejudicial to him because he was surprised and plaintiff was trying to get in a last word to the jury. The record does not support these allegations since the trial court granted a one-day continuance so that defendant could bring in a surrebuttal witness. We find no error. The admission of rebuttal evidence rests in the sound discretion of the court. Arnold v. Ellis (1966), 5 Mich. App. 101.

The other issues raised by defendant relating to the denial of a directed verdict, plaintiff's contributory negligence as a matter of law, and the verdict being against the great weight of the evidence are not sustained by the record.

Affirmed, costs to plaintiff.


Summaries of

Litle v. Grieve

Michigan Court of Appeals
Jun 29, 1970
25 Mich. App. 107 (Mich. Ct. App. 1970)
Case details for

Litle v. Grieve

Case Details

Full title:LITLE v. GRIEVE

Court:Michigan Court of Appeals

Date published: Jun 29, 1970

Citations

25 Mich. App. 107 (Mich. Ct. App. 1970)
181 N.W.2d 5

Citing Cases

Kirk v. Ford Motor Co.

' "See also Litle v Grieve, 25 Mich. App. 107; 181 N.W.2d 5 (1970); Gonzalez v Hoffman, 9 Mich. App. 522; 157…

Barrows v. Real Estate Board

" See also Litle v Grieve, 25 Mich. App. 107; 181 N.W.2d 5 (1970); Gonzalez v Hoffman, 9 Mich. App. 522; 157…