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ELLIOTT v. A.J. SMITH CONTRACTING CO.

Docket No. 40, Calendar No. 47,782.

358 Mich. 398 (1960)

100 N.W.2d 257

ELLIOTT v. A.J. SMITH CONTRACTING COMPANY, INC.

Supreme Court of Michigan.

Decided January 4, 1960.

Attorney(s) appearing for the Case

John T. McWilliams, for plaintiff.

Cary, BeGole & Martin (David V. Martin, of counsel), for defendant.

KELLY, J. (dissenting).

Plaintiff's 5-year old son suddenly darted across Telegraph road into the left rear wheel of defendant's truck and was instantly killed, on March 10, 1955.

Telegraph road is a heavily traveled highway with 2 lanes for northbound and 2 for southbound traffic. The accident occurred on the outskirts of Dearborn, where both sides of the road were undeveloped.

Defendant, a road and sewer contractor, was engaged in construction...

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