Burrell v. City of Greenville
Michigan Supreme Court
Error to Montcalm; Davis, J. Case by Elizabeth A. Burrell against the city of Green-ville for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff stepped into a hole upon the sidewalk of defendant city, and was injured. The negligence of the defendant is conceded. The sidewalk was old, rotten, and had several holes in it. Plaintiff had not lived in the city for eight months prior to the accident.
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Error to Montcalm; Davis, J. Case by Elizabeth A. Burrell against the city of Green-ville for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff stepped into a hole upon the sidewalk of defendant city, and was injured. The negligence of the defendant is conceded. The sidewalk was old, rotten, and had several holes in it. Plaintiff had not lived in the city for eight months prior to the accident. She walked over the sidewalk to visit a neighbor. She had never gone over the sidewalk in question prior to that day. On the return from her visit, a drizzling rain…
1Opinion of the CourtGrant’, J.
(after stating the facts). 1. Counsel for defendant concede that, if the walk had not been slippery, plaintiff would have passed the hole without accident. This concession disposes of the contributory negligence of the plaintiff. The walk was constructed for her use. It was not negligence for her to walk upon it. The plank where she stepped was strong enough to support her. It was not negligence, therefore, for her to step there.
2. The slipping of plaintiff cannot be held to have been the proximate cause of the accident. Old and worn sidewalks become slippery when wet. Some sidewalks must…
2Cases cited4 opinions
- Germaine v. City of MuskegonMichigan Supreme Court · 1895
- Beall v. Township of AthensMichigan Supreme Court · 1890
- Shaw v. Township of SalineMichigan Supreme Court · 1897
- Alexander v. City of Big RapidsMichigan Supreme Court · 1889
3Cited by5 opinions
- Patton v. City of GraftonWest Virginia Supreme Court · 1935
- Kroger Grocery & Baking Company v. MonroeCourt of Appeals of Kentucky (pre-1976) · 1931
- Morrison v. City of IronwoodMichigan Supreme Court · 1915
- Pringle v. City of DetroitMichigan Supreme Court · 1908
- MacDonald v. Freeman Manufacturing Co.Michigan Supreme Court · 1910