Harris v. City of Detroit

The question in this case is whether or not this Court shall continue to hold as it has in the past that, under CLS 1956, § 242.1 (Stat Ann 1958 Rev §9.591), a person cannot, as a matter of law, recover for injuries received because of a defect of less than 2 inches in a city sidewalk.

In 1893, Bigelow v. City of Kalamazoo, 97 Mich 121, was decided. A description of the scene of the accident in that case and the reasons barring recovery as a matter of law, are set forth in the majority opinion:

“Portage street was unpaved, and in wet weather very muddy. A streetcar track occupied the center of…