Blumrich v. Village of Highland Park
Michigan Supreme Court
Error to Wayne; Rohnert, J. Case by Louisa Blumrich against the village of Highland Park for personal injuries. Erom a judgment for plaintiff, defendant brings error. Plaintiff claims to have fallen upon a defective sidewalk and received an injury, for which she sued the defendant, and recovered verdict and judgment. She presented no claim in writing to the common council.
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Error to Wayne; Rohnert, J. Case by Louisa Blumrich against the village of Highland Park for personal injuries. Erom a judgment for plaintiff, defendant brings error. Plaintiff claims to have fallen upon a defective sidewalk and received an injury, for which she sued the defendant, and recovered verdict and judgment. She presented no claim in writing to the common council. Her son, Mr. Schroeder, appeared in open session of the council, and testified that, as the council “ was about ready to close, the chairman spoke up and said, ‘ There is a gentleman here who wishes to say something;’ ”…
1Opinion of the CourtGrant, J.
(after stating the facts). Two questions are presented: (1) Did the action of the council operate as a waiver of the provisions of the statute in regard to the notices required? (2) Was there sufficient evidence of *211negligence on the part of the defendant to justify the sub-' mission of that question to the jury F
Plaintiff neither filed any notice with the clerk, nor presented any claim to the council of the village in writing. 'The verbal report which, it is urged, was made hy her son, specified no damages, and in no respect complied with the statute. In every case where this court has held…
2Cases cited5 opinions
- Canfield v. City of JacksonMichigan Supreme Court · 1897
- Germaine v. City of MuskegonMichigan Supreme Court · 1895
- Griswold v. City of LudingtonMichigan Supreme Court · 1898
- Foster v. Village of BellaireMichigan Supreme Court · 1901
- Wright v. Village of PortlandMichigan Supreme Court · 1898
3Cited by8 opinions
- Nevala v. City of IronwoodMichigan Supreme Court · 1925
- Van Auken v. City of AdrianMichigan Supreme Court · 1904
- Johnson v. City of ChisholmSupreme Court of Minnesota · 1946
- Woodworth v. City of KalamazooMichigan Supreme Court · 1903
- Lansden v. City of JacksonTennessee Supreme Court · 1920
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