(Download) "Tuttle v. Department State Highways" by Supreme Court of Michigan * eBook PDF Kindle ePub Free
eBook details
- Title: Tuttle v. Department State Highways
- Author : Supreme Court of Michigan
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiffs Joel and Ramona Tuttle brought an action for damages arising out of an automobile accident against the Department of State Highways alleging negligence in the construction, and opening, and insufficient marking of a newly opened intersection of state highway M-43 with Sprinkle Road in Kalamazoo County. The Court of Claims, Charles A. Wickens, J., granted judgment for the defendant. The Court of Appeals, Bashara, P. J., and R. B. Burns and M. J. Kelly, JJ., affirmed (Docket No. 19882). The plaintiffs appeal, contending that the findings of the Court of Claims do not comply with the requirements of the GCR 1963, 517.1, and that the findings of the court were erroneous. Held: 1. The Court of Appeals took an unduly restrictive approach to its reviewing function. A finding of a trial court in a bench trial is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.