McCool v. City of Grand Rapids
Michigan Supreme Court
Error to the Superior Court of Grand Rapids. (Parrish, J.) Case. Plaintiff brings error. In case of a statutory liability for injury, if the negligence of defendant to observe the statute is the prime cause of the accident, the right to recover is not affected by' the contributory negligence of the plaintiff: Flint c& Pere Marquette Ry.
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Error to the Superior Court of Grand Rapids. (Parrish, J.) Case. Plaintiff brings error. In case of a statutory liability for injury, if the negligence of defendant to observe the statute is the prime cause of the accident, the right to recover is not affected by' the contributory negligence of the plaintiff: Flint c& Pere Marquette Ry. Go. v. Lull 28 Mich. 510; Gra/nd Rapids c& Indiana R. R. v. Cameron 45 M. 451; Grand Rapids v. Wyman 46 Mich. 516; Burnham v. Byron Township 46 Mich. 555; Dotton v. Albion 50 Mich. 130. A municipal corporation is not an insurer against accidents upon the…
1Opinion of the CourtChamplin, J.
How. Stat. § 1443, provides that if any horse shall receive any injury or damage by reason of neglect of any city to keep in repair any public street, the city whose duty it is to keep such public street in repair shall be liable to, and shall pay the owner thereof, just damages which may be recovered in an action on the case : provided, that in all actions brought under the act imposing the liability, it must be shown that such city has had reasonable time and opportunity, after such street became unsafe or unfit for travel, to put the same in proper condition for use, and has not used…
2Cases cited1 opinion
- Abernethy v. Township of Van BurenMichigan Supreme Court · 1884
3Cited by4 opinions
- LeBeau v. Telephone & Telegraph Construction Co.Michigan Supreme Court · 1896
- Osborne v. City of DetroitU.S. Circuit Court for the District of Eastern Michigan · 1886
- Starkey v. City of GreenVilleMissouri Court of Appeals · 1915
- McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904