Legal Opinion

Corey v. City of Ann Arbor

Michigan Supreme Court

Decided May 15, 1900PublishedCited by 4 opinions

Error to Washtenaw; Kinne, J. Case by Ratie E. Corey against the city of Ann Arbor for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff slipped upon an icy sidewalk on Williams street, in the city of Ann Arbor, in the evening of February 4, 1898, and received serious injuries. The ice was opposite the premises of one Rockwell, who had a hydrant in his yard.

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Error to Washtenaw; Kinne, J. Case by Ratie E. Corey against the city of Ann Arbor for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff slipped upon an icy sidewalk on Williams street, in the city of Ann Arbor, in the evening of February 4, 1898, and received serious injuries. The ice was opposite the premises of one Rockwell, who had a hydrant in his yard. It is claimed that the pen-stock either leaked or was left partly open, so that the water ran from it across the lawn to the sidewalk; that it extended quite a distance down the walk, and froze. The ice…

1Opinion of the CourtGrant, J.

(after stating the facts). It is conceded that the sidewalk itself was properly constructed, and was in a safe condition for public travel. It was only made unsafe by the ice caused by the water flowing from a private hydrant. Counsel for defendant contend that the statute does not cover this case. Counsel for the plaintiff contend that, since the icy condition was not caused by the elements, the city is liable for the condition. It is unnecessary to determine this question, since there is another fatal objection tó the plaintiff’s right to recover.

It is conceded that the defendant city had…

2Cases cited1 opinion

  1. Moon v. City of IoniaMichigan Supreme Court · 1890

3Cited by4 opinions

  1. City of Nashville v. NevinCourt of Appeals of Tennessee · 1930
  2. Corey v. City of Ann ArborMichigan Supreme Court · 1903
  3. Wilson v. City of ClintonSupreme Court of Iowa · 1927
  4. Parks v. City of Des MoinesSupreme Court of Iowa · 1923

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