Stebbins v. Township of Keene
Michigan Supreme Court
Error to Ionia. (Smith, J.) Case. Defendant brings error. The facts are stated in the opinion. Contended that there must be a limit to the weight of loads, for the safe and secure passage of which over country highways, a township must provide; that it is unreasonable to require such municipality to construct its bridges in a manner to guard against unknown and unforeseen emergencies, which would be impracticable: Wingate, Maxim 161, 300; 3 Shars.
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Error to Ionia. (Smith, J.) Case. Defendant brings error. The facts are stated in the opinion. Contended that there must be a limit to the weight of loads, for the safe and secure passage of which over country highways, a township must provide; that it is unreasonable to require such municipality to construct its bridges in a manner to guard against unknown and unforeseen emergencies, which would be impracticable: Wingate, Maxim 161, 300; 3 Shars. Bl. 144; Medina v. Perkins, 48 Mich. 67. That townships are not required to make preparations for the safety or convenience of those who undertake…
1Opinion of the CourtCampbell, C. J.
This ease, which was before .us and decided at the January term, 1885 (55 Midi. 552), now comes up again after a new trial. Several assignments of error appear on the record, but counsel for defendant, waiving the rest, desire only a consideration of such points as relate to the legal sufficiency of the bridge which broke down under plaintiff’s machine, and the notice of its condition.
The record now differs very considerably from the former one in filling up some gaps, and in fixing the matters then left in doubt as to the surroundings more definitely in favor of plaintiff. The effect of…
2Cases cited1 opinion
- Fulton Iron & Engine Works v. Township of KimballMichigan Supreme Court · 1883
3Cited by4 opinions
- Smith v. Township of SherwoodMichigan Supreme Court · 1886
- Anderson v. City of St. CloudSupreme Court of Minnesota · 1900
- Woodbury v. City of OwossoMichigan Supreme Court · 1887
- Aben v. Township of EcorseMichigan Supreme Court · 1897