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265 Mich. 551

251 N.W 548

Elowitz v. Miller

Michigan Supreme Court

Decided December 19, 1933

Michigan Supreme Court · decided 1933-12-19

Good law ✅— No negative treatment on recordhow we know

Decided 1933-12-19

How this case has been cited

Cited by 18 later decisions — most recently November 1975

1 federal appellate · 17 state decisions

14019331940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McDonald, C. J.

¶1 (dissenting). The defendant was driving at an excessive rate of speed while turning corners and curves. His passengers protested *555 and requested him “to slow down and watch his driving.” If he had heeded their protests the accident would not have occurred. His failure to moderate the speed after being warned of the danger was wanton and wilful misconduct, constituting gross negligence within the meaning of the statute (1 Comp. Laws 1929, § 4648).

¶2 The judgment should be reversed and a new trial granted, with costs to the plaintiffs.

Weadock, J., concurred with McDonald, C. J.
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