TORTS-IMPUTED NEGLIGENCE IN MICHIGAN

Husband was driving his wife and another passenger from work when, due to a combination of the negligence of the husband and that of the defendant, a collision occurred resulting in the death of the wife. Plaintiff as administrator of the wife brought an action under the Death Act against the defendant to recover damages for the minor children of the deceased to the support of whom the deceased had contributed. The trial court directed a verdict in favor of the defendant on the ground that the contributory negligence of the husband as driver was imputed to the wife as passenger. On appeal, held, negligence of the driver-husband is not to be imputed to the wife who is a passenger.

Bricker v. Green, (Mich. 1946) 21 N.W. (2d) 105.