Cruz v. City of Saginaw

Plaintiff sued tbe defendant city for injuries sustained November 7, 1959, when be allegedly tripped and fell upon encountering a bole in tbe asphalt pavement of 1 of tbe city streets, opposite 1 of tbe city’s parking lots, at a regular pedestrian crossing. Tbe case was tried to tbe court. At close of plaintiff’s proofs defendant moved for judgment in its favor alleging :

1. Defendant did not have notice, either actual or constructive, of tbe existence of tbe alleged defect.

2. The notice of claim, required prior to suit, did not, although timely given, describe sufficiently the alleged defect.

3…