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LINENDOLL v. TE PASKE

Docket No. 73, Calendar No. 44,394.

327 Mich. 129 (1950)

41 N.W.2d 345

LINENDOLL v. TE PASKE.

Supreme Court of Michigan.

Decided February 28, 1950.

Attorney(s) appearing for the Case

Dudley E. Whiting, for plaintiff.

Markle & Markle (James A. Markle and Richard G. Eubank, of counsel), for defendant.

DETHMERS, J.

Plaintiff stopped his automobile on an east and west paved highway, facing west, in front of his rural mailbox located 3 or 4 feet south of the south edge of the pavement, with the left wheels on the south shoulder and right wheels on the pavement. His purpose was to reach out of the window to take mail from the box. When he attempted to drive away the wheels spun in an icy rut so that he could not move his...

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