" See, also, Zylstra v. Graham, 244 Mich. 319; Oakes v. Van Zomeren, 255 Mich. 372; Dedo v. Skinner, 296 Mich. 299, 302, 303. Defendant complains of the charge as to the rule of contributory negligence.
That the car performed in the unusual manner of skidding and rolling seventy-five feet, with sufficient momentum to break a telephone pole at the end of its journey, is strongly indicative of lack of control and unreasonable speed in view of the surrounding circumstances and condition of the highway, at least it might be so considered by the jury. See Oakes v. Van Zomeren, 255 Mich. 372 238 N.W. 177. Whether Kennedy acted in the use of his brakes as an ordinarily prudent man would act under similar circumstances was also, we believe, a question for the jury.
The resulting damages in this case are prospective and difficult of exact ascertainment. Oakes v. Van Zomeren, 255 Mich. 372. The determination of such damages will not be disturbed on appeal if reasonably within the range of the testimony. Kinsler v. Simpson, 257 Mich. 7. In the case at bar the testimony is conflicting as to the prospective earning power of the deceased, but the amount of damages allowed is not outside of the range of the testimony and should not be disturbed.
The resulting damages in this case are prospective and difficult of exact ascertainment. Oakes v. Van Zomeren, 255 Mich. 372. The determination of such damages will not be disturbed on appeal if reasonably within the range of the testimony. Kinsler v. Simpson, 257 Mich. 7. In the case at bar the testimony is conflicting as to the prospective earning power of the deceased, but the amount of damages allowed is not outside of the range of the testimony and should not be disturbed.
She had a right to assume that defendant would operate his car at a lawful rate of speed, i.e., not over 20 miles per hour in a residential district, and, therefore, that she could cross the street with safety. Zylstra v. Graham, 244 Mich. 319, and Oakes v. Van Zomeren, 255 Mich. 372. See, also, Grant v. Richardson, 276 Mich. 151. "The rule is that unless the record in a case of this character is such that men of reasonable minds would not differ, a question of fact is presented." Swift v. Kenbeek, 289 Mich. 391. An examination of this record requires agreement with the conclusion of the trial judge, that this child was not guilty of contributory negligence as a matter of law.
The resulting damages in this case are prospective and difficult of exact ascertainment. Oakes v. Van Zomeren, 255 Mich. 372. The determination of such damages will not be disturbed on appeal if reasonably within the range of the testimony. Kinsler v. Simpson, 257 Mich. 7. In the case at bar the testimony is conflicting as to the prospective earning power of the deceased, but the amount of damages allowed is not outside of the range of the testimony and should not be disturbed.
"While the monetary compensation cannot be measured with any degree of certainty, nevertheless, plaintiff is entitled to a substantial amount for the pain and suffering endured by decedent. Oakes v. Van Zomeren, 255 Mich. 372. We have affirmed judgments for larger amounts in cases of infants who only survived a few hours after receiving fatal injuries.
"In urging that the judgment for $4,500 is excessive, appellant's counsel rely much upon the practice provided by our recently revised court rules under which the review of nonjury law cases is by hearing de novo in this court. * * * We have reviewed the record with care and find no reason for differing with the trial judge as to the amount of damages awarded." Oakes v. Van Zomeren, 255 Mich. 372. (Decided October 5, 1931.) "While, under Court Rule No. 75 (1931), we may consider the case de novo, we are unwilling to determine the correctness of the amount of damages without some indication by the trial judge who has heard all of the testimony and seen the witnesses, of what the amount should be."
"Obviously, cases involving injury due to the skidding of an automobile are dependent upon the particular facts shown. However, the following cases each disclose a set of facts in many respects similar to those here involved, and in each instance the question of negligence of the driver was held to be a jury question: Loftus v. Pelletier, 223 Mass. 63, 111 N.E. 712; Ortwein v. Droste, 191 Ky. 17, 228 S.W. 1028; Oakes v. Van Zomeren, 255 Mich. 372, 238 N.W. 177; Ledet v. Gottleber (La. App.), 143 So. 71; Davis v. Brown, 92 Cal.App. 20, 267 P. 754; Barret v. Caddo Transfer Warehouse Company, 165 La. 1075, 116 So. 563, 58 A. L. R., 261. There was no manifest error upon the question of liability in the verdicts of the jury.
"In considering the question of contributory negligence of plaintiff's decedent, we must be mindful of the fact that he was a lad of tender years." Oakes v. Van Zomeren, 255 Mich. 372. In the latter case there was testimony that the boy was well towards the center line of the street before defendant's car came into view.