Legal Opinion

McKellar v. City of Detroit

Michigan Supreme Court

Decided June 3, 1885PublishedCited by 40 opinions

Error to the Superior Court of Detroit. (Chipman, J.) Case. Defendant brings error. As to municipal liability for injuries caused, by accumulation of snow and ice in the streets : Hubbard v. Concord 35. N. H. 52; Stone v. Hubbardston 100 Mass. 50; Stanton v. Springfield 12 Allen 566; Hall v. Lowell 10 Cush. 260; Hutchins v. Boston 12 Allen 571; Johnson v. Lowell id. 572; Gilbert v. Box-bury 100 Mass. 185, and see Battersby v. New York 7 Daly 16; Stewart v. Woodstock & Huron…

Read the full summary

Error to the Superior Court of Detroit. (Chipman, J.) Case. Defendant brings error. As to municipal liability for injuries caused, by accumulation of snow and ice in the streets : Hubbard v. Concord 35. N. H. 52; Stone v. Hubbardston 100 Mass. 50; Stanton v. Springfield 12 Allen 566; Hall v. Lowell 10 Cush. 260; Hutchins v. Boston 12 Allen 571; Johnson v. Lowell id. 572; Gilbert v. Box-bury 100 Mass. 185, and see Battersby v. New York 7 Daly 16; Stewart v. Woodstock & Huron B. Co. 15 Q. B. (U. C.) 427. A municipality is liable for injuries caused by accumulation of snow upon improperly…

1Opinion of the CourtCampbell, J.

On the 10th of January, 1884, plaintiff, in the evening, slipped on a cross-walk at the corner of Prospect and Division streets, in Detroit, and fell and broke her arm. The occasion of her fall was claimed to be a small ridge of ice formed by the trampling of snow, and melting and freezing, until the surface was uneven. She recovered below, and the city brings error.

The case seems to have been fairly presented in all re*159spects, so as to raise two questions closely connected, which, are — -first, whether such a condition of things is such as is covered by the statute which gives a remedy for…

2Cases cited1 opinion

  1. City of Providence v. ClappSupreme Court of the United States · 1855

3Cited by40 opinions

  1. McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904
  2. Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
  3. Beach v. City of St. JosephMichigan Supreme Court · 1916
  4. Gorges v. State Highway CommissionSupreme Court of Kansas · 1932
  5. Tonn v. City of HelenaMontana Supreme Court · 1910

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API