Van Auken v. City of Adrian
Michigan Supreme Court
Error to Lenawee; Chester, J. Case by Anson L. Yan Auken, executor of the last will and testament of Abram I. Grant, deceased, against the city of Adrian, for injuries to decedent, caused by a defective sidewalk. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff’s decedent brought suit against the defendant city, claiming that he stepped into a hole of a sidewalk of said city, and was injured.
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Error to Lenawee; Chester, J. Case by Anson L. Yan Auken, executor of the last will and testament of Abram I. Grant, deceased, against the city of Adrian, for injuries to decedent, caused by a defective sidewalk. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff’s decedent brought suit against the defendant city, claiming that he stepped into a hole of a sidewalk of said city, and was injured. The claim of negligence is that the sidewalk was out of repair. With its plea the defendant gave notice that the claim was barred by the provisions of the…
1Opinion of the CourtGrant, J.
(after stating the facts). The provision of the charter reads as follows:
‘ ‘And all claims for damages against the city growing out of the negligence or default of said city, or of any officer or employé thereof, shall be presented to the common council of said city in the manner above provided, and the place and circumstances out of which said claim arose shall be fully set forth therein, within three months after such claim shall arise, and, in case of any default thereof, said claim shall thereafter be forever barred.” Act No. 321, Local Acts 1897, § 112.
Plaintiff’s counsel claim that the…
2Cases cited8 opinions
- Renackowsky v. Board of Water CommissionersMichigan Supreme Court · 1900
- Klass v. City of DetroitMichigan Supreme Court · 1901
- Oothout v. ThompsonNew York Supreme Court · 1822
- Blumrich v. Village of Highland ParkMichigan Supreme Court · 1902
- Peterson v. BreitagSupreme Court of Iowa · 1893
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3Cited by14 opinions
- Cooke v. Holland Furnace Co.Michigan Supreme Court · 1918
- Locke v. PembrokeNew York Court of Appeals · 1939
- Northrup v. City of JacksonMichigan Supreme Court · 1935
- Penix v. City of St. JohnsMichigan Supreme Court · 1958
- Moulter v. City of Grand RapidsMichigan Supreme Court · 1908
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