Hunter v. Village of Ithaca
Michigan Supreme Court
Error to Gratiot; Stone, J. Case by Maranda Hunter, administratrix of the estate of Bruce Hunter, deceased, against the village of Ithaca, for negligent injuries to her intestate, resulting in his death. There was judgment for plaintiff, and defendant brings error.
1ConcurrenceGrant, J.
Liability for damages resulting 'from defective streets depends entirely upon the statute, which has received construction in many cases by this court. I do not understand that any of them has held a municipality liable for failure to inspect or for defective inspection. It is of no consequence what or who causes the defect. When the municipality has notice or knowledge of the defect, it is then, and then only, liable for damages, if it fails to repair within a reasonable time. It is immaterial how this knowledge is acquired or the notice brought home to the municipality. It must have,…
2Cases cited1 opinion
- Creyts v. CreytsMichigan Supreme Court · 1903