Perkins v. Township of Delaware
Michigan Supreme Court
Error to Sanilac; Beach, J. Case by Henry P. Perkins against the township of Delaware for damages alleged to have been sustained by reason of a defective bridge. From a judgment for plaintiff, defendant brings error.
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Error to Sanilac; Beach, J. Case by Henry P. Perkins against the township of Delaware for damages alleged to have been sustained by reason of a defective bridge. From a judgment for plaintiff, defendant brings error. The negligence charged in this case is the construction of a bridge across a ravine, with the north end thereof 1 foot lower than the south end, thus creating an incline of about 1 foot in 20; in permitting the supports to the bridge to become rotten, so that the east side was lower than the west side; and in failing to provide railings for the sides. The declaration alleges…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendant requested the court to direct a verdict for it. The case *379was left to the jury upon the theory that there was evidence to sustain the three grounds of negligence alleged. There was a steep hill at the south end of the bridge,' and that end was constructed higher than the other, to conform to the formation of the land. There was no negligence in this method of construction, and the court should have eliminated it from the consideration of the jury.
Plaintiff’s son, 14 years of age, was driving. His mother was riding with him. The evidence on the part of…
2Cases cited1 opinion
- Rolf v. City of GreenvilleMichigan Supreme Court · 1894
3Cited by17 opinions
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- Baldinger v. Ann Arbor RailroadMichigan Supreme Court · 1964
- Jones v. City of DetroitMichigan Supreme Court · 1912
- Davison v. Snohomish CountyWashington Supreme Court · 1928
- Rule v. City of Bay CityMichigan Supreme Court · 1972
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