King v. Township of Colon
Michigan Supreme Court
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.
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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
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
- Grandorf v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1897
- Dale v. Webster CountySupreme Court of Iowa · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McTiver v. Township of GrantMichigan Supreme Court · 1902
- Sherman v. Consumers' Power Co.Michigan Supreme Court · 1917
- Jackson ex rel. Moore v. City of JamestownNorth Dakota Supreme Court · 1916
- Barker v. City of KalamazooMichigan Supreme Court · 1906