[DOWNLOAD] "Mackris v. Murray" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mackris v. Murray
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 12, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The question here for decision is whether Michigan, contrary to its earlier holding, would now allow a plaintiff to substitute collateral estoppel for proofs as a means of establishing a defendants liability; this to be so, notwithstanding that the estoppel is not mutual. Plaintiff-appellee, Florence P. Mackris, is administratrix of the estate of her deceased husband, James Mackris. Her complaint charged that he died from injuries received when a vehicle he was driving was struck by an automobile then being negligently driven by defendant-appellant, John A. Murray. The vehicle being driven by Mackris was owned by his employer, Northland Chrysler-Plymouth, Inc., an automobile agency of Oak Park, Michigan. The accident occurred in Monroe County, Michigan, on March 9, 1965. Northland Chrysler-Plymouth, Inc., brought suit in the Common Pleas Court of Detroit against appellant Murray for damages to its automobile, allegedly caused by the negligence of Murray. Murray denied negligence, and asserted that the deceased Mackris had been guilty of contributory negligence. The case was tried to a jury which gave a verdict to the Northland agency for a stipulated amount of damages. The issue of contributory negligence of the deceased Mackris was not submitted for the consideration of the jury.