Dotton v. Common Council of Albion
Michigan Supreme Court
Error to Calhoun. (Hooker, J.) Case. Defendant brings error. Where an injury to a highway is produced by some sudden and unexpected cause, the corporation is not liable for resulting accidents unless it has reasonable opportunity to repair: Ihibbard v. Concord 35 N. H. 52; Johnson v. Haverhill 35 N. II. 74; Remiav.
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Error to Calhoun. (Hooker, J.) Case. Defendant brings error. Where an injury to a highway is produced by some sudden and unexpected cause, the corporation is not liable for resulting accidents unless it has reasonable opportunity to repair: Ihibbard v. Concord 35 N. H. 52; Johnson v. Haverhill 35 N. II. 74; Remiav. Rochester 45 N. Y. 135 ; Hume v. New TTork City 47 N. Y. 639 ; Dewey v. Detroit 15 Mich. 307. A municipality is bound to public travel, no matter whether the get-out-of-repairs is by the fault of others, or not: Hutson v. Mayor <&c. 9 N.T. 163; Hiskooh v. Plattsburg 16 N.Y. (n.)…
1Opinion of the CourtCooley, C. J.
When this casewas before the Court on a was that there was some evidence the record tending to show negligence on the part of the authorities conducing to the plaintiffs injury, and she was entitled to have it submitted to a jury. 50 Mich. On a second trial she has recovered judgment, and the is now brought here by the defendant.
no showing of negli- ; but I am constrained to say that while it is very weak, ought not, perhaps, to have led to a verdict for plaintiff, it substantially the same as that given on the first trial, and the decision made in reviewing the former trial should therefore…
2Cases cited5 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
- Campau v. NorthMichigan Supreme Court · 1878
- Hassenyer v. Michigan Central RailroadMichigan Supreme Court · 1882
- Page v. PageMichigan Supreme Court · 1883
3Cited by10 opinions
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
- Jones v. City of CaldwellIdaho Supreme Court · 1911
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
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