Yotter v. City of Detroit
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Charlotte Yotter against the city of Detroit for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff fell upon a sidewalk of the defendant city, early in the evening, “ between dark and dusk,” as she expressed it.
Read the full summary
Error to Wayne; Hosmer, J. Case by Charlotte Yotter against the city of Detroit for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff fell upon a sidewalk of the defendant city, early in the evening, “ between dark and dusk,” as she expressed it. The negligence alleged is: “That on a part of the street there was a two-inch plank sidewalk, some laid crosswise of said street and some lengthwise; and plaintiff avers that, contrary to defendant’s legal duty, it permitted said sidewalk to become and be for a long space of time, to wit, six months prior to…
1Opinion of the CourtGrant, J.
(after stating the facts). This case is nearly identical in its facts with Weisse v. City of Detroit, 105 Mich. 482, and is clearly within the rule there established. The cross-walk in the present case was not in as bad condition as was the one in that case, the ends of which would spring up and down when stepped on, while this was solid on the walk or timbers under it. It is sought to distinguish this case from that, because this walk was not a crossing at the intersection of public streets. We think there is no force in this distinction. The city had the right to authorize or permit the…
2Cases cited1 opinion
- Weisse v. City of DetroitMichigan Supreme Court · 1895
3Cited by12 opinions
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Jackson v. City of LansingMichigan Supreme Court · 1899
- Northrup v. City of PontiacMichigan Supreme Court · 1909
- Pullen v. City of ButteMontana Supreme Court · 1912
- Howard v. City of MelvindaleMichigan Court of Appeals · 1970
7 more not listed; retrieve them via the Exa API.