Legal Opinion

Sherbutte v. City of Marine City

Michigan Supreme Court

Decided November 2, 1964No. Calendar 84, Docket 50,067PublishedCited by 73 opinions

1Opinion of the CourtO’Hara, J.

This case requires the interpretation of PA 1951, No 59.1 At the time of the enactment thereof Michigan recognized the broad concept of governmental immunity from tort liability. As to political subdivisions of the sovereignty it recognized also the distinction between “governmental” and “proprietary” functions. There were additionally specified areas in which even the State itself was legislatively rendered liable for its negligence. The foregoing resume of the then extant case and statutory law is relevant to an examination of the legislative intent at the time of the passage of the statute…

2Cases cited3 opinions

  1. Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
  2. Williams v. City of DetroitMichigan Supreme Court · 1961
  3. Wardlow v. City of DetroitMichigan Supreme Court · 1961

3Cited by73 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
  3. Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of NarcoticsCourt of Appeals for the Second Circuit · 1972
  4. Larry T. Wilson, Cross-Appellant v. Thomas L. Beebe, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1985
  5. Melvin Carter v. John R. CarlsonCourt of Appeals for the D.C. Circuit · 1971

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