Stickley v. Township of Sodus
Michigan Supreme Court
Error to Berrien; Ooolidge, J. Case by Lucy Stickley against the township of S'odus for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff was driving with a horse and buggy down a roadway leading from the top of the bluff along the east bank of the St. Joseph river, in the defendant township, to what is known as “King’s Landing.” The bank is high and steep. She was precipitated over the bank and injured.
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Error to Berrien; Ooolidge, J. Case by Lucy Stickley against the township of S'odus for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff was driving with a horse and buggy down a roadway leading from the top of the bluff along the east bank of the St. Joseph river, in the defendant township, to what is known as “King’s Landing.” The bank is high and steep. She was precipitated over the bank and injured. The negligence alleged is the failure to erect suitable barriers along the side of the road. The principal defense is that the road is not a public highway,…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff claims that this private road has been converted into a public highway. She bases her claim solely upon the statute above cited, and insists that user alone by those having occasion to travel over it is sufficient to convert it into a public highway. The question, therefore, is, Under what circumstances does a private road become a public highway by user, as provided by the statute ? This road was originally built for private gain, over private grounds, and to a private dock and ferry. The record is absolutely barren of any testimony tending to show that…
2Cases cited11 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- District of Columbia v. RobinsonSupreme Court of the United States · 1901
- Alton v. MeeuwenbergMichigan Supreme Court · 1896
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Ellsworth v. City of Grand RapidsMichigan Supreme Court · 1873
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3Cited by20 opinions
- Bain v. FryMichigan Supreme Court · 1958
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- South Branch Ranch Co. v. EmeryMichigan Supreme Court · 1916
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