Legal Opinion

Barribeau v. City of Detroit

Michigan Supreme Court

Decided February 5, 1907No. Docket No. 44PublishedCited by 26 opinions

Error to Wayne; Rohnert, J. Case by Dulice Barribeau against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

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Error to Wayne; Rohnert, J. Case by Dulice Barribeau against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. It is one of the provisions of the charter of the city of Detroit that: “No action shall be brought against said city, nor any of its boards, commissions or officers, for any negligent injury unless it be commenced within one year from the time when the injury was received, nor unless notice shall be given in writing within three months from the time of such injury to the head of the law…

1Opinion of the CourtOstrander, J.

(after stating the facts). The objections to the notice are (1) that the cause of the injury —the defect in the sidewalk — is not sufficiently stated; (2) that the place where the injury occurred,is not located with sufficient certainty.

1. In Oesterreich v. City of Detroit, 137 Mich. 415, the notice set out that claimant “suffered an injury by reason of a defective sidewalk’’and that “the cause of the injury was a defect in the sidewalk laid along Biddle street at said place,” describing the place. The notice was held to be sufficient. In Tattan v. City of Detroit, 128 Mich. 650, the notice…

2Cases cited10 opinions

  1. Brown v. City of OwossoMichigan Supreme Court · 1901
  2. Benson v. City of MadisonWisconsin Supreme Court · 1898
  3. City of Lincoln v. O'BrienNebraska Supreme Court · 1898
  4. Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
  5. Tattan v. City of DetroitMichigan Supreme Court · 1901

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3Cited by26 opinions

  1. Rowland v. Washtenaw County Road CommissionMichigan Supreme Court · 2007
  2. Ridgeway v. City of EscanabaMichigan Supreme Court · 1908
  3. Plunkett v. Department of TransportationMichigan Court of Appeals · 2009
  4. Hussey v. City of Muskegon HeightsMichigan Court of Appeals · 1971
  5. City of Nashville v. NevinCourt of Appeals of Tennessee · 1930

21 more not listed; retrieve them via the Exa API.

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