Cook v. Johnston
Michigan Supreme Court
Error to Wayne. (Jennison, J.) Case. Defendant brings error. Conduct in violation of a municipal ordinance is not negligence per se; Knupfle v. Knickerbocker Ice Co. 84 N. Y. 488 ; Baker v. Pendergast 32 Ohio Stat. 494; Kirby v. Boylston Market Ass’n 14 Gray 252 ; Ileeney v. Sprague 11 R. I. 456 ; an ordinance cannot create a nuisance: V. B. I. & P. B■ B. Go. v. Joliet 79 111. 25 ; Pates v. Milwaukee 10 "Wal. 505 ; and its violation incurs simply the penalty : Brown v.…
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Error to Wayne. (Jennison, J.) Case. Defendant brings error. Conduct in violation of a municipal ordinance is not negligence per se; Knupfle v. Knickerbocker Ice Co. 84 N. Y. 488 ; Baker v. Pendergast 32 Ohio Stat. 494; Kirby v. Boylston Market Ass’n 14 Gray 252 ; Ileeney v. Sprague 11 R. I. 456 ; an ordinance cannot create a nuisance: V. B. I. & P. B■ B. Go. v. Joliet 79 111. 25 ; Pates v. Milwaukee 10 "Wal. 505 ; and its violation incurs simply the penalty : Brown v. Buffalo <& State Line B. B. Co. 22 N. T. 191; the question whether it is perilous to put ashes into a barrel is not for…
1Opinion of the CourtCampbell, J.
Plaintiff recovered damages in the sum of $3000 for personal injuries claimed to have been caused by defendant’s negligence whereby it is alleged a fire was set in .a shed occupied by plaintiff. The facts as relied upon were that plaintiff’s husband was a tenant of defendant, occupying a wing of her house at the corner of Sixteenth and Can-field streets in Detroit. Behind the house was a low shed divided into three parts by internal partitions from five to six feet high, of which defendant occupied the middle one, and plaintiff’s husband the adjoining one at the north end. In the middle…
2Cases cited2 opinions
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- Fowler v. GilbertMichigan Supreme Court · 1878
3Cited by41 opinions
- Felgner v. AndersonMichigan Supreme Court · 1965
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Lemos v. MaddenWyoming Supreme Court · 1921
- Rovinski v. RoweCourt of Appeals for the Sixth Circuit · 1942
- Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
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