Johnson v. City of Bay City
Michigan Supreme Court
Error to Bay; Collins, J. Case by Ruth. Johnson, by Christ Johnson, her next friend, for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant operated an electric lighting plant, by means of which it furnished electricity for both public and private lighting. As a part of its equipment, it maintained a row of poles on South Raymond street in Bay City, upon which wires were strung, carrying an electric current of 2,200 volts.
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Error to Bay; Collins, J. Case by Ruth. Johnson, by Christ Johnson, her next friend, for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant operated an electric lighting plant, by means of which it furnished electricity for both public and private lighting. As a part of its equipment, it maintained a row of poles on South Raymond street in Bay City, upon which wires were strung, carrying an electric current of 2,200 volts. These poles on Raymond street were set between the sidewalk and the curb on that portion of the street designed to be used as a grass plat or…
1Opinion of the CourtBbooke, J.
(after stating the facts). The first assignment of error argued by defendant’s counsel is that the court erred in charging the jury that plaintiff could not be guilty of contributory negligence, as a matter of law, and was not a trespasser. At the time of the injury plaintiff was five years and four months old. We are of opinion that an infant of this extremely tender age cannot be charged with contributory negligence. There comes a time in the life of every child, when the doing of an act which results in injury to itself may be said to be negligence, as a matter of law, and there is a…
2Cases cited9 opinions
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Richardson v. NelsonIllinois Supreme Court · 1906
- Iamurri v. Saginaw City Gas Co.Michigan Supreme Court · 1907
- Ewing v. LamphereMichigan Supreme Court · 1910
- Morgan v. City of LewistonSupreme Judicial Court of Maine · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Baker v. AltMichigan Supreme Court · 1965
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Bush v. New Jersey & New York Transit Co.Supreme Court of New Jersey · 1959
- Maryon v. City of AtlantaSupreme Court of Georgia · 1919
- Von Saxe v. BarnettWashington Supreme Court · 1923
22 more not listed; retrieve them via the Exa API.