Village of Portland v. Citizens Telephone Co.
Michigan Supreme Court
Error to Ionia; Davis, J. Assumpsit by the village of Portland against the Citizens Telephone Company for the amount of a judgment. Judgment for defendant on a directed verdict. Plaintiff brings error. The plaintiff village of Portland has since 1896 maintained and operated an electric lighting plant.
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Error to Ionia; Davis, J. Assumpsit by the village of Portland against the Citizens Telephone Company for the amount of a judgment. Judgment for defendant on a directed verdict. Plaintiff brings error. The plaintiff village of Portland has since 1896 maintained and operated an electric lighting plant. In 1902 the defendant Citizens Telephone Company obtained from and accepted an ordinance of the village permitting the use of its. streets and alleys for the purpose of erecting poles and stringing wires. Included in the ordinance were the following provisions: ‘‘During the construction of said…
1Opinion of the CourtFellows, J.
(after stating the facts). That a distinction exists between active negligence and passive negligence must be recognized. Such distinction has been recognized by this court as we shall presently see. It is not important that such terms be expressly used; frequently the. terms positive tort and negative tort are used to denote the distinction. It must also be recognized as a general rule that where the wrongful act of one results in liability being imposed on another such other person may have indemnity from the person actually guilty of the wrong. And it must also be recognized that this rule…
2Cases cited17 opinions
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Sparrow v. BromageSupreme Court of Connecticut · 1910
- Township of Hart v. NoretMichigan Supreme Court · 1916
- Central of Georgia Railway Co. v. Macon Railway & Light Co.Court of Appeals of Georgia · 1911
- Detroit, Grand Haven & Milwaukee Railway Co. v. BoomerMichigan Supreme Court · 1916
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. AcordCourt of Appeals for the Tenth Circuit · 1954
- Boucher v. ThomsenMichigan Supreme Court · 1950
- Indemnity Insurance Co. of North America v. Otis Elevator Co.Michigan Supreme Court · 1946
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Minster MacHine Co. v. Diamond Stamping Co.Michigan Court of Appeals · 1976
24 more not listed; retrieve them via the Exa API.