214 N.W. 930 | Mich. | 1927
A furniture van owned by Summerfield Hecht and operated by the individual defendants *701
its employees, was being used to make a delivery of furniture out John R. street and over in Oakland county. It had nearly reached the Ten-mile road when the employees, not being certain just where the point of delivery was located, stopped, and one of them went into a store for information. The van was left standing partly on and partly off the cement pavement, which was 18 or 20 feet wide. The van had no tail light. It was about 6 o'clock of a December evening, quite dark and foggy, and some rain was falling. There was very little traffic on the street. The end gate was down in a horizontal position. Decedent was riding with one Bradley in a Ford. The Ford came in collision with the van, and decedent was so seriously injured that he survived but a short time. The proofs introduced on behalf of plaintiff were abundantly sufficient to take the question of defendants' negligence to the jury. We assume, therefore, for the purpose of decision, that defendants were negligent. But plaintiff's counsel insists they were very negligent and that they were guilty of gross negligence. In the recent case ofUnion Trust Co. v. Railway Co., ante, 97, we pointed out that, inasmuch as the doctrine of comparative negligence does not obtain in this State, gross negligence, when used to indicate great negligence or more negligence than the other party is guilty of, likewise does not obtain in this jurisdiction, and we there cited Gibbard v. Cursan,
The trial judge directed a verdict for the defendants on the ground of the contributory negligence of *702
decedent's driver, imputable to him on the authority ofSpencer v. Taylor,
"We think the court was right in holding plaintiff guilty of contributory negligence as a matter of law. It is well settled that it is negligence as a matter of law to drive an automobile along a public highway in the dark at such speed that it cannot be stopped within the distance that objects can be seen ahead of it."
This is in consonance with the uniform holding of this court. See Harnau v. Haight,
"If his vision was obscured by the glaring lights of the approaching car, it was his duty to slacken his speed and have his car under such control that he might stop it immediately if necessary."
It is further urged that we should make an exception to the rule or that we should not here apply it. It is pointed out that the end gate of the van was down *703 horizontally, and much was made upon the argument of the color of the paint on the van and upon its construction. Doubtless some of the facts urged accentuated the contention of plaintiff's counsel that defendants' negligence was much greater than that of Mr. Bradley, decedent's driver, and whose negligence was imputable to him. But we do not think the rule should be weakened by engrafting exceptions on it or modifying it. Its observance bespeaks the safety of human life and limb and of property. Had it been observed on the night in question, this unfortunate accident would not have happened.
The judgment must be affirmed.
SHARPE, C.J., and BIRD, STEERE, WIEST, CLARK, and McDONALD, JJ., concurred. SNOW, J., did not sit.
*1