This section contains the nature of the case and procedural background.

D in company with four companions started in his Ford automobile to drive to Saginaw over an improved north and south highway. The plan was changed and they decided to return to Bay City. The next four corners which were reached D drove past the corners a short distance and then backed west into an east and west road. As he started to go forward to join the north and south road again he observed a car coming rapidly from the south. To avoid the car he did not turn in on the north and south road but proceeded directly across it to a distance of upwards of 100 feet. About 55 feet east of the north and south highway he ran into a cart in which a boy was hauling his five months' old sister. One wheel of the automobile ran over the baby and injured it so badly that it died. D was indicted for manslaughter. The indictment alleged that D was under the influence of alcoholic, intoxicating liquors, negligently and without excuse was responsible for the baby's death. It was determined by the court that D would have seen the children coming had he given “the most casual glance ahead of him.” D was convicted of involuntary manslaughter and appealed.

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