Lee v. City of Port Huron
Michigan Supreme Court
Case made from St. Clair; Whipple, J. Case by Anna Lee against the city of Port Huron for personal injuries. There was a judgment for plaintiff, and defendant assigns error. The following are the stipulated facts; Plaintiff was injured while riding on her bicycle upon a sidewalk of the defendant city.
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Case made from St. Clair; Whipple, J. Case by Anna Lee against the city of Port Huron for personal injuries. There was a judgment for plaintiff, and defendant assigns error. The following are the stipulated facts; Plaintiff was injured while riding on her bicycle upon a sidewalk of the defendant city. The city passed an ordinance licensing bicyclists to ride upon the sidewalks of certain streets under certain restrictions, they first paying a fee and procuring a license therefor. Plaintiff had complied with this ordinance, and was in the exercise of due care when the accident occurred. The…
1Opinion of the CourtGrant, J.
(after stating the facts). The statute (section 3441, 1 Comp. Laws) requires sidewalks to be kept in reasonable repair, and in a condition reasonably safe and fit for travel. A failure on the part of a municipality to keep them in such repair entails upon it liability for injuries sustained by the traveler who is in the exercise *535of due care. While a bicycle is a vehicle, it is not one to be classed, in all its methods of use, with other vehicles drawn by animal or mechanical power. This distinction is clearly recognized and pointed out* in Murfin v. Plank-Road Co., 113 Mich. 675 (71 N. W.…
2Cases cited5 opinions
- Mercer v. CorbinIndiana Supreme Court · 1889
- Leslie v. City of Grand RapidsMichigan Supreme Court · 1899
- Purple v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1884
- Murfin v. Detroit & Erin Plank-Road Co.Michigan Supreme Court · 1897
- Lechner v. Village of NewarkNew York Supreme Court · 1896
3Cited by10 opinions
- Molway v. City of ChicagoIllinois Supreme Court · 1909
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1902
- Hill v. ReavesSupreme Court of Alabama · 1932
- LeMay v. City of OcontoWisconsin Supreme Court · 1938
- Bethel v. City of St. JosephMissouri Court of Appeals · 1914
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