Lenderink v. Village of Rockford
Michigan Supreme Court
Error to Kent; Wolcott, J. Case by Richard Lenderink against the village of Rockford for personal injuries caused by the caving in of a sewer trench. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant village made a contract with one Williams-to construct a sewer, commencing on Bridge street, extending to the intersection of Main street, and then extending some distance on Main street.
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Error to Kent; Wolcott, J. Case by Richard Lenderink against the village of Rockford for personal injuries caused by the caving in of a sewer trench. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant village made a contract with one Williams-to construct a sewer, commencing on Bridge street, extending to the intersection of Main street, and then extending some distance on Main street. By the contract the contractor was required to guard the public effectually from liability on account of the digging of the trench, and was made responsible…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The instruction was correct. Counsel for plaintiff cite several cases, including City of Detroit v. Corey, 9 Mich. 183 (80 Am. Dec. 78). Thatcase involved the. liability of tbemunicipal corporation to travelers upon its highways, holding that the municipality cannot defend, as against strangers in the lawful use of the street, by setting up an independent contract to perform the work. Such cases have no application here. They also cite Ostrander v. City of Lansing, 111 Mich. 693 (70 N. W. 332). That was a case where the sewer was being constructed by the city, in…
2Cases cited2 opinions
- Ostrander v. City of LansingMichigan Supreme Court · 1897
- Wright v. Big Rapids Door & Blind Manufacturing Co.Michigan Supreme Court · 1900
3Cited by15 opinions
- Funk v. General Motors Corp.Michigan Supreme Court · 1974
- Gall v. Detroit Journal Co.Michigan Supreme Court · 1916
- Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
- Vannoy v. City of WarrenMichigan Court of Appeals · 1968
- Wilhelm v. Detroit Edison Co.Michigan Court of Appeals · 1974
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