Holcomb v. Bullock , 353 Mich. 514 ( 1958 )

Black, J.

(concurring). For reasons given over my signature in Demkiw v. Briggs Manfg. Co., 347 Mich 492, 499, and for correspondingly stated reasons appearing in Viaene v. Mikel, 349 Mich 533, I agree that plaintiff did not make an election of remedy in bar of this suit and that he is not estopped from pursuing it to final judgment.

As to the question posed by plaintiff’s cross appeal, I agree fully with Mr. Justice Carr’s reasoning to conclusion that this Court cannot • increase the amount of an award, made in the trial court, of damages for personal injuries.

I concur in affirmance, without costs.

Smith and Yoelker, JJ., concurred with Black, J.