Dermont v. Mayor
Michigan Supreme Court
Error to Wayne Circurt. This was an action on the cage for injury dope to merchandise stored in the plaintiff’s cellar, by reason of tho water from one of the public sewers of the City of Detroit flowing back through his private drain into the cellar.
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Error to Wayne Circurt. This was an action on the cage for injury dope to merchandise stored in the plaintiff’s cellar, by reason of tho water from one of the public sewers of the City of Detroit flowing back through his private drain into the cellar. On the trial, the plaintiff proved the charter of the city creating the defendants a body corporate, together with several amendments thereto, and. the several ordinances published by the defendants, and that in the City of Detroit sewers are built by general taxation, and not by special assessment, on tho lots adjacent to the sewers. Also, that…
1Opinion of the Court
By the Court,
Willson, J.
The argument of the counsel for the plaintiff in error was based- upon the assumption, that the Court charged in substance, that the defendants were not liable for injuries occasioned by their negligence or nnskillfulness in the construction of sewers, so long as they acted in good faith and without malice; and we are clearly of opinion, that the charge is not liable to such construction.
The rule is well settled, that to charge a person, or a Corporation, in an action in the case, for negligence in the performance of any public work, whereby any person has sustained…
2Cited by19 opinions
- Rosario v. City of LansingMichigan Supreme Court · 1978
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- City of Atchison v. ChallissSupreme Court of Kansas · 1872
- Li v. FeldtMichigan Supreme Court · 1992
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