Alberts v. City of Muskegon
Michigan Supreme Court
Error to Muskegon; Russell, J. Case by Abner Alberts against the city of Muskegon for the negligent burning of plaintiff’s barn. There was judgment for plaintiff, and defendant brings error. Plaintiff, the owner of a barn on premises abutting upon Olay avenue in the defendant city, sued the city in an action on the case for damages resulting from destruction of the barn and its content's by fire.
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Error to Muskegon; Russell, J. Case by Abner Alberts against the city of Muskegon for the negligent burning of plaintiff’s barn. There was judgment for plaintiff, and defendant brings error. Plaintiff, the owner of a barn on premises abutting upon Olay avenue in the defendant city, sued the city in an action on the case for damages resulting from destruction of the barn and its content's by fire. It is charged in the declaration of the plaintiff that “the said defendant was operating a certain steam roller along Olay avenue in front of and adjoining the premises occupied by the plaintiff’s…
1Opinion of the CourtOstrander, J.
(after stating the facts). The position of counsel for appellant is that the duty of the city to keep the streets in repair is a public and not a private duty, in the performance of which, in the absence of a statute creating one, no liability arises for injuries resulting, directly or indirectly, to a citizen from the negligence of agents or servants, or from the use of apparatus employed.
On the other hand, counsel for plaintiff insists that defendant was not acting in a governmental capacity, and, if it was, the act complained about is of a character which no public authority can commit…
2Cases cited9 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Ferris v. Board of EducationMichigan Supreme Court · 1899
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
- Crane v. ReederMichigan Supreme Court · 1870
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3Cited by12 opinions
- Hadfield v. Oakland County Drain CommissionerMichigan Supreme Court · 1988
- Daniels v. Board of EducationMichigan Supreme Court · 1916
- Michaud v. City of BangorSupreme Judicial Court of Maine · 1963
- Davidson v. HineMichigan Supreme Court · 1908
- Matsumura v. County of HawaiiHawaii Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.