Legal Opinion

City of Detroit v. Blackeby

Michigan Supreme Court

Decided July 7, 1870PublishedCited by 95 opinions

Error to Wayne Circuit. This was an action on tbe case brought in the Circuit Court for the county of Wayne, by William Blackeby and Hannah Blackeby, against the city qf Detroit, for an injury to Mrs. Blackeby, occasioned by a defective crosswalk. The defendant pleaded the general issue.

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Error to Wayne Circuit. This was an action on tbe case brought in the Circuit Court for the county of Wayne, by William Blackeby and Hannah Blackeby, against the city qf Detroit, for an injury to Mrs. Blackeby, occasioned by a defective crosswalk. The defendant pleaded the general issue. The bill of exceptions states that the plaintiffs’ evidence tended to show the following facts, viz: That the plaintiffs were husband and wife; that on the thirteenth day of December, 1868, the plaintiff, Hannah Blackeby, who is about sixty years of age, was passing along Michigan avenue, in the city of…

1Opinion of the Court

Campbell, Ch. J.

The principal question in this case is whether the city of Detroit is liable to a private action by an injured party, for neglect to keep a cross-walk in repair. The other questions involve an inquiry into the circumstances which would go to modify any such liability in the present case.

*106There has been, but one case in this State, decided by this Court, where the claim for damages arose purely out of a neglect to repair. In Dewey v. The City of Detroit, 15 Mich. R., 307, such a suit was brought, but it did not ■call for a decision upon the main question. In Township of Niles v.…

2Cases cited19 opinions

  1. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  2. Storrs v. . the City of UticaNew York Court of Appeals · 1858
  3. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  4. Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
  5. County Commissioners v. DuckettCourt of Appeals of Maryland · 1864

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3Cited by95 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Williams v. City of DetroitMichigan Supreme Court · 1961
  3. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  4. Barnes v. District of ColumbiaSupreme Court of the United States · 1876
  5. Rosario v. City of LansingMichigan Supreme Court · 1978

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