Legal Opinion

Germaine v. City of Muskegon

Michigan Supreme Court

Decided April 30, 1895PublishedCited by 27 opinions

Error to Muskegon. (Russell, J.) Negligence case. Defendant brings error. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

A sidewalk in the defendant city was constructed of plank two by four inches laid crosswise. Plaintiff’s case was that one of these planks had been removed; that he stepped into the hole on the night of December 10, 1893, fell, and broke his arm. For this injury he recovered verdict and judgment.

1. Defendant objected to the admission of any testimony under the declaration, claiming that it did not state a cause of action. The precise objection is that the declaration does not ailege that the defect existed for such a length of time before the accident as will justify a presumption of notice,…

2Cases cited2 opinions

  1. People v. MurrayMichigan Supreme Court · 1883
  2. Mechanics' Bank v. BarnesMichigan Supreme Court · 1891

3Cited by27 opinions

  1. Green v. Department of CorrectionsMichigan Court of Appeals · 1971
  2. Jones v. City of YpsilantiMichigan Court of Appeals · 1970
  3. Brown v. City of OwossoMichigan Supreme Court · 1901
  4. Griswold v. City of LudingtonMichigan Supreme Court · 1898
  5. Schwingschlegl v. City of MonroeMichigan Supreme Court · 1897

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