Legal Opinion

Cone v. City of Detroit

Michigan Supreme Court

Decided March 31, 1916No. Docket No. 28PublishedCited by 1 opinion

Error to Wayne; Mandell, J. Case by Elizabeth A. Cone, administratrix of the estate ¿of Moses H. Cone, deceased, against the city of Detroit for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtKuhn, J.

The plaintiffs husband was killed by a motor fire truck belonging to the city of Detroit. He was standing in the V-shaped entranceway of a store on Jefferson avenue, in Detroit, when the truck, in charge of firemen in the employ of the city, was being driven rapidly along Jefferson avenue to a fire. At the corner of Griswold street, where there is a curve joining the street car tracks intersecting at that point, the truck ran over a hole in the asphalt pavement which was, roughly, 2 or 3 feet long and 10 to 18 inches wide, and adjacent to the curve. The force of the rebound from the drop into…

2Cases cited7 opinions

  1. Coots v. City of DetroitMichigan Supreme Court · 1889
  2. Jones v. City of DetroitMichigan Supreme Court · 1912
  3. Perkins v. Township of DelawareMichigan Supreme Court · 1897
  4. Brink v. City of Grand RapidsMichigan Supreme Court · 1906
  5. Leslie v. City of Grand RapidsMichigan Supreme Court · 1899

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3Cited by1 opinion

  1. Hodges v. City of CharlotteSupreme Court of North Carolina · 1939

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