Legal Opinion

Logan v. Agricultural Society

Michigan Supreme Court

Decided May 25, 1909No. Docket No. 32PublishedCited by 12 opinions

Error to Jackson; Parkinson, J. Case by Anna E. Logan against the Agricultural Society of Lenawee county for personal injuries. There was judgment for plaintiff, and defendant brings error. The defendant is an agricultural society, organized under the laws of this State in 1878. Section 5953 et seq., 2 Comp. Laws. It held an annual fair, for which it charged an admission. Horse racing was one of the prominent features of the fair, and was very popular.

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Error to Jackson; Parkinson, J. Case by Anna E. Logan against the Agricultural Society of Lenawee county for personal injuries. There was judgment for plaintiff, and defendant brings error. The defendant is an agricultural society, organized under the laws of this State in 1878. Section 5953 et seq., 2 Comp. Laws. It held an annual fair, for which it charged an admission. Horse racing was one of the prominent features of the fair, and was very popular. In order to enable its patrons to witness the races it erected a grandstand and bleachers. Its charge for a seat upon the bleachers was 10…

1Opinion of the CourtGrant, J.

{after' stating the facts). There are 57 assignments of error, which are referred to, and some argued, in the defendant’s brief under 22 heads. We will discuss and determine those which we deem of sufficient importance.

1. Does the declaration state a cause of action ? Counsel insist that it does not state, with accuracy and certainty, any duty defendant owed to the plaintiff. While the pleader might have alleged the duty, and the neglect of duty, more accurately and specifically, yet, in the ab*541sence of a demurrer, and in the presence of a plea of the general issue, we think the declaration…

2Cases cited5 opinions

  1. Downes v. Harper HospitalMichigan Supreme Court · 1894
  2. Graves v. City of Battle CreekMichigan Supreme Court · 1893
  3. Scott v. University of Michigan Athletic Ass'nMichigan Supreme Court · 1908
  4. Strudgeon v. Village of Sand BeachMichigan Supreme Court · 1895
  5. Pepke v. Grace HospitalMichigan Supreme Court · 1902

3Cited by12 opinions

  1. Durning v. HymanSupreme Court of Pennsylvania · 1926
  2. Tri-State Fair v. RowtonTennessee Supreme Court · 1918
  3. Bauer v. Saginaw County Agricultural SocietyMichigan Supreme Court · 1957
  4. Jacobs v. Hagenbeck-Wallace ShowsMichigan Supreme Court · 1917
  5. Welsh v. Jefferson County Agricultural SocietyNebraska Supreme Court · 1931

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