McArthur v. City of Saginaw
Michigan Supreme Court
Error to Saginaw. (Gage, J.) Case. Defendant brings error. A town is not responsible for injuries caused by defects in a street outside the traveled portion thereof: Perkins v. Fayette 68 Me. 152 ; Kelley v. Fond du Lae 31 Wis. 479 ; Bassett v. St. Joseph 53 Mo. 290; Brown v. Glasgow 57 Mo. 156; there is no common-law liability; Moulton v. Sanford 51 Me. 127; Brooks v. Acton Í17 Mass. 204; nor will the town be liable if the injured person is in any way to blame : Farnum v.…
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Error to Saginaw. (Gage, J.) Case. Defendant brings error. A town is not responsible for injuries caused by defects in a street outside the traveled portion thereof: Perkins v. Fayette 68 Me. 152 ; Kelley v. Fond du Lae 31 Wis. 479 ; Bassett v. St. Joseph 53 Mo. 290; Brown v. Glasgow 57 Mo. 156; there is no common-law liability; Moulton v. Sanford 51 Me. 127; Brooks v. Acton Í17 Mass. 204; nor will the town be liable if the injured person is in any way to blame : Farnum v. Concord 2 N. II. 392; Clark v. Barrington 41 N. H. 44; Picker v. Ilenniker id. 317 ; • Wi/nship v. Enfield 42 N. H. 197;…
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant for damage resulting from the death of Angus McArthur, claimed to have been caused by neglect to keep a city street in proper condition. On the 5th of December, 1883, deceased came across a bridge over the Saginaw river into Mackinaw street which is a continuation of the same way, and after crossing the rails of a railway which jolted his buggy so as to throw the seat out of place, his horse ran the buggy against a pile of lumber on the left side of the way, and deceased was thrown out and killed. The principal questions in the case related to whether defendant was…
2Cases cited7 opinions
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- Brevoort v. City of DetroitMichigan Supreme Court · 1872
- Larkin v. County of SaginawMichigan Supreme Court · 1862
- Rothschild v. GrixMichigan Supreme Court · 1875
- Agnew v. City of CorunnaMichigan Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904
- Beach v. City of St. JosephMichigan Supreme Court · 1916
- O'Leary v. Board of Fire & Water CommissionersMichigan Supreme Court · 1890
- City of Anderson v. EastIndiana Supreme Court · 1889
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
19 more not listed; retrieve them via the Exa API.