Legal Opinion

Dewey v. City of Detroit

Michigan Supreme Court

Decided April 16, 1867PublishedCited by 17 opinions

Error to Wayne Circuit. This was an action of trespass on the case brought by plaintiff in error for damages, alleged to have been sustained from injuries received by defects in one of the sidewalks of the city of Detroit. The only question involved is whether the circuit judge charged the jury properly, with reference to the rule concerning the negligence which would charge the city for the accident. The facts and charges of the court are stated in the opinion.

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Error to Wayne Circuit. This was an action of trespass on the case brought by plaintiff in error for damages, alleged to have been sustained from injuries received by defects in one of the sidewalks of the city of Detroit. The only question involved is whether the circuit judge charged the jury properly, with reference to the rule concerning the negligence which would charge the city for the accident. The facts and charges of the court are stated in the opinion. Judgment was rendered in favor of the city. ' 1. The city of Detroit has full control over the construction and repairs of the…

1Opinion of the Court

Campbell J.

Plaintiff sued the City of Detroit for personal damages, caused by his being tripped up by a loose board in a sidewalk. The injury is said to have occurred by reason of the plank being raised suddenly by a person' stepping upon an end of it, so that Dewey, when passing, caught his foot under it as it was so raised, and was thrown down. The only question presented for review is, whether the circuit judge laid down a proper rule concerning the negligence which would charge the City for the accident. The *312charge was as follows: “That the City would be liable if they had notice of the…

2Cited by17 opinions

  1. Rosario v. City of LansingMichigan Supreme Court · 1978
  2. Collins v. City of Council BluffsSupreme Court of Iowa · 1871
  3. Curry v. Town of ManningtonWest Virginia Supreme Court · 1883
  4. Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
  5. Kenyon v. City of IndianapolisIndiana Superior Court · 1872

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