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Sinnott v. Noble

Supreme Court of Michigan
Sep 18, 1973
211 N.W.2d 842 (Mich. 1973)

Opinion

No. 10 September Term 1973, Docket No. 54,365.

Decided September 18, 1973.

Appeal from Court of Appeals, Division 1, Lesinski, C.J., and Levin and O'Hara, JJ., affirming Wayne, George T. Martin, J. Submitted September 5, 1973. (No. 10 September Term 1973, Docket No. 54,365.) Decided September 18, 1973.

Complaint by Dorothy Sinnott against Alexander Noble, Richard Louis Ohlrich, and The Budd Company for damages for injuries sustained in an automobile collision. Judgment for plaintiff. Defendants Richard Louis Ohlrich and The Budd Company appealed to the Court of Appeals. Affirmed. Defendants Richard Louis Ohlrich and The Budd Company appeal. Appeal dismissed as improvidently granted.

Maile, Leach Schreier, for plaintiff. Alexander, Buchanan Seavitt, for defendants Ohlrich and The Budd Company.


ORDER.

The issues upon which leave to appeal in this matter was heretofore granted having been thoroughly examined, and briefs and arguments thereon considered, it is the opinion of the Court that leave to appeal was improvidently granted.

The only meritorious issue raised by appellant was the correctness of the charge to the jury. It is not properly before us at this time, no objection having been made by appellant at trial, GCR 1963, 516, and the issue not having been framed by appellant in his brief, GCR 1963, 854; 813. For additional reasons and discussion see 30 L Ed 2d 829, 847-854.

Accordingly, the Court does not pass on the correctness of the instructions given, and neither approves nor disapproves them.

T.M. KAVANAGH, C.J., and T.E. BRENNAN, T.G. KAVANAGH, SWAINSON, WILLIAMS, and M.S. COLEMAN, JJ., concurred.

LEVIN, J., did not sit in this case.


Summaries of

Sinnott v. Noble

Supreme Court of Michigan
Sep 18, 1973
211 N.W.2d 842 (Mich. 1973)
Case details for

Sinnott v. Noble

Case Details

Full title:SINNOTT v NOBLE

Court:Supreme Court of Michigan

Date published: Sep 18, 1973

Citations

211 N.W.2d 842 (Mich. 1973)
211 N.W.2d 842

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We have held it to be outside our role to consider an issue not properly before the Court. Sinnott v Noble,…

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