Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE GRAY EAGLES, INC v LUCCHESI

PER CURIAM.

This case has been previously appealed to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich. App. 322; 194 N.W.2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiff's bailment theory of strict liability". On retrial, the trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff's took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiff's negligence theory.

The Gray Eagles, Inc v Lucchesi, 37 Mich. App. 322, 324; 194 N.W.2d 373, 374 (1971).

This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.

The trial judge was correct. We affirm. Costs to the defendant.

Use AI to get other relevant cases.

Comments

THE GRAY EAGLES, INC v. LUCCHESI
(Sep 27, 1973)