231 N.W. 569 | Mich. | 1930
Plaintiffs were passengers in a school bus which was struck by defendants' loaded truck at the intersection of two streets in the city of Detroit. The school bus was going west and had nearly crossed the intersection in the regular course of travel when the truck going south struck the bus slightly in front of the right rear wheel. The impact turned the bus over on its left side and plaintiffs were injured. Upon trial by jury defendants had verdict and judgment followed. Plaintiffs review by writ of error.
It is conceded that plaintiffs were not guilty of contributory negligence, and, being minors, the negligence of the bus driver, if any, was not imputable *212
to them. Michelsen v. Railway Co.,
Competent positive testimony was given by one of plaintiffs' witnesses that the brakes on the truck were badly out of repair. On objection and motion of defendants' counsel this testimony was stricken and the jury instructed not to consider it. The objection was on the ground that there was no allegation of defective brakes. Thereupon plaintiffs' attorney stated to the court:
"It is pleaded that defendant owed a duty to have his truck under control and that there was a breach of that duty. The fact that he did not have adequate brakes would be evidence to show that he did not have his truck under control. * * * I put this in to show that he breached the duty of not having his car under control."
We think this testimony was relevant and material to the issues specifically called to the court's attention, and that the jury might have found from it the real cause of the collision. It is not necessary to allege every detail or circumstance which contributes to the alleged negligence. It is sufficient if the defendant is reasonably informed of the negligence with which he is charged, in this case with operating the truck without having it under proper control.
"Generally speaking, any evidence of conditions leading up to or surrounding an automobile accident, which will throw light on the question of whether a traveler was in the exercise of due care at the time of the accident, is admissible, in an action for injuries growing out of such accident." 2 Blashfield Cyc. of Automobile Law, p. 1660.
"An allegation that defendant negligently failed to keep his truck under control was not incomplete, as not containing an allegation as to whether the brakes and steering apparatus were not properly maintained" (syllabus). McMath v. Holekamp LumberCo. (Mo.App.),
"Where declaration charged driver with negligence both in driving at a careless and negligent rate and in failing to have automobile under perfect control, held that declaration was broad enough to permit plaintiff to claim that defendant's knowledge of faulty condition of brakes should be considered by the jury * * * as bearing upon standard of care required under circumstances" (syllabus). Landry v. Hubert,
"Nor will it be doubted that, in cases where, as here, the injuries complained of are charged in the complaint to have been caused by the negligence of a driver of an automobile in operating or otherwise handling his car, it is competent and proper under general allegations of negligence, or in other words, where, as here, there is no specific charge that the brakes were defective, to prove that the brakes of the car were, at the time of the mishap, in a defective condition."Latky v. Wolfe,
Touching the sufficiency of a declaration of this type, many authorities of similar purport might be cited. For example, inMilhouse v. Stroud,
While the exact question presented does not seem to have been passed upon in this State, a liberal rule of pleading prevails here, and the tendency of our holdings is indicated byJolman v. Alberts,
WIEST, C.J., and BUTZEL, CLARK, McDONALD, POTTER, SHARPE, and FEAD, JJ., concurred.