The Detroit times., 1914-12-19
MOTORISTS MUST
CONSIDER SAFETY
OF OTHERS FIRST
Supreme Court Lays Down New
Rule in Reversal of the Wine
kowski Case
DODGE BROTHERS
SUED FOR DAMAGES
Lower Court Rules For Defend
ant, But Higher Tribunal
Finds For Plaintiff

LANSING, Mich, Dec. 19.-(Spe-
cial.) drivers of automobiles must
consider the safety OF others in the
street rather than their own, accord
ing To a new rule laid down by SUI
preme Court Justice SIeere In revers.
ing the finding OF Judge Mandell, OF
the Wayne circuit court, In the case
OF Frank and John Winckowski VS..
Dodge Brothers.
John Winckowski sought to recover
damages from the Dodge Brothers
after his brother, Frank, aged eight,
had been struck and injured by an
automobile driven by an employee Of
the Dodge Brothers. The accident
occurred Nov. 80, 1912.
Judge Mandell, at the conclusion OF
the trial in circuit court, directed a
verdict for the defendants on the
ground that the plaintiff had failed
to make a prima facie case Of the de-
PENDANTS negligence or his own free
dom from contributory negligence.
Justice Steere held mat, despite
some conflict in the testimony In the
case, the questions were clearly is
sues Of fact, and that there was
ample evidence for the jury to con-
slider, much OF it undisputed, tending
to show that the car was on the
wrong side OF the street in violation
of the law OF the road and city or
dinance, and that a proper warning
or approach was not given before the
boy was struck.
The new rules, as outlined by
Judge Steere. who wrote the opinion,
originated in a decision Of the New
York court OF appeals. The rights OF
the auto driver. as outlined there,
are read into Michigan law by the
opinion and are as follows:
mo owner, or operator, of an au-
tomobile is, therefore, exempt from
liability for a collision In a public
street by simply showing that at
the time Of the accident he did not
run at speed exceeding the limit
allowed by law, or ordinance; he
still remains bound to anticipate
that he may meet persons at any
point In a public street and he must
keep a proper lookout for them and
keep his machine under such con-
troll as will enable him to avoid a
collision with another person, also
IL.
necessary he must slow up, and even
stop. No blowing Of horn or whistle
without an attempt to slow the
speed is sufficient, II the circum-
stances demand that the speed
should be slackened. or the. machine
be stopped, and such course be
practicable to him. -.ery such op-
orator Of an automobile has the right
to assume that every person whom he
meets will also exercise ordinary care
and caution according to the circum-
stances, and will not negligent1y or
reckiessly expose himself to danger,
but rather make an attempt 10 avoid
it."
In the Winckowski case the boy
jumped from moving wagon in
front OF the automobile. In order to
prevent a collision the auto driver
had turned to the wrong side Of the
road and struck the boy who was
headed for the righthand curb. 1t is
the switching from the right to the
wrong side OF the greet. which puts
the auto driver I'm bad" with the
court. Such = move Is practically
held to be negligence In itself. In
discussing this, Justice Steere says:
witness Pierson (another auto
driver who was close by, well ex-
pressed the mental attitude OF those
who continue on at q dangerous
speed under such circumstances, rath-
er than take to checking their cars
to safe control, In his statement: 4
suppose he did as many OF us often
do. / often run on that side (the
left of the street myself. and II 10
merely a game OF chance"
Justice 6teere continues:
"If such game OF chance only
hazarded the driver who INDUCED In
the game. II might be regarded with
complacency and even condoned, but
such conduct is not in harmony with
the rule Of law requiring due care for
the safety OF others, although the
oretically expatiated. as too often &C.
ours. by subsequent expressions Of
regret at coroner's inquest over an
involuntary victim of the Chance