Legal Opinion

King v. Township of Colon

Michigan Supreme Court

Decided January 29, 1901PublishedCited by 4 opinions

Error to Kalamazoo; Buck, J. Case by Mary J. King, an infant, by David King, her next friend, against the township of Colon, for personal injuries. From a judgment for plaintiff, defendant brings error. On June 1, 1889, plaintiff, then 14 years of age, on her way home from school stepped into a hole in the public highway, by reason of which she claims to have received injury. Nearly 5 years afterwards she instituted this suit, through her father, to recover damages therefor.

Read the full summary

Error to Kalamazoo; Buck, J. Case by Mary J. King, an infant, by David King, her next friend, against the township of Colon, for personal injuries. From a judgment for plaintiff, defendant brings error. On June 1, 1889, plaintiff, then 14 years of age, on her way home from school stepped into a hole in the public highway, by reason of which she claims to have received injury. Nearly 5 years afterwards she instituted this suit, through her father, to recover damages therefor. At the place of the accident the land was low. It had been filled in, and a tile put through the fill to allow the…

1Opinion of the CourtGrant, J.

(after stating the facts). I have examined all the negligence cases decided by this court — and they are many — against townships and cities for defective highways and sidewalks. I find none which presents the exact question now before the court. Plaintiff knew of the defect. It was apparent to any one. Travelers by carriage had made a new wheel track around it. She had passed it twice nearly every day for weeks. She was a girl of sufficient age and intelligence to, and did, appreciate the danger, and the necessity of avoiding the hole. She knew she was in the vicinity. She knew that a single…

2Cases cited7 opinions

  1. Dundas v. City of LansingMichigan Supreme Court · 1889
  2. Graves v. City of Battle CreekMichigan Supreme Court · 1893
  3. Lowell v. Township of WatertownMichigan Supreme Court · 1885
  4. Grandorf v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1897
  5. Dale v. Webster CountySupreme Court of Iowa · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McTiver v. Township of GrantMichigan Supreme Court · 1902
  2. Sherman v. Consumers' Power Co.Michigan Supreme Court · 1917
  3. Jackson ex rel. Moore v. City of JamestownNorth Dakota Supreme Court · 1916
  4. Barker v. City of KalamazooMichigan Supreme Court · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API