Legal Opinion

Peninsular Trust Co. v. City of Grand Rapids

Michigan Supreme Court

Decided October 28, 1902No. Docket No. 30PublishedCited by 15 opinions

Error to superior court of Grand Rapids; Newnham, J. Case by the Peninsular Trust Company, administrator of the estate of Ruby M. Behrend, deceased, against the city of Grand Rapids, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtMoore, J.

A reference to the accompanying plat will help to understand the situation.

The defendant is charged in the declaration with having kept and maintained a large reservoir as a part of its waterworks system. It is claimed also that, by reason of the construction, location, and appearance of this reservoir, “ it had a great tendency to and did excite the curiosity of, and was an attractive place for, children to play, many of whom frequented the same as a matter of childish curiosity.” The reservoir is so constructed that the top is between 20 and 25 feet above the streets. The outside of the…

2Cases cited1 opinion

  1. Ryan v. TowarMichigan Supreme Court · 1901

3Cited by15 opinions

  1. Iamurri v. Saginaw City Gas Co.Michigan Supreme Court · 1907
  2. Leduc v. Detroit Edison Co.Michigan Supreme Court · 1931
  3. Morris v. Lewis Manufacturing Co.Michigan Supreme Court · 1951
  4. Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
  5. Graves v. DachilleMichigan Supreme Court · 1950

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