City of North Muskegon v. Clark
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Michigan, Southern Division. This was an action by Bridget Clark against the city of North Muskegon for personal injuries. The jury found for plaintiff, and judgment for plaintiff was entered on the verdict. Defendant brought error. This writ of error brought into review the judgment of the circuit court for the western district of Michigan.
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In Error to the Circuit Court of the United States for the Western District of Michigan, Southern Division. This was an action by Bridget Clark against the city of North Muskegon for personal injuries. The jury found for plaintiff, and judgment for plaintiff was entered on the verdict. Defendant brought error. This writ of error brought into review the judgment of the circuit court for the western district of Michigan. Bridget Clark, the plaintiff below, ,⅜ citizen of the state of New York, filed her declaration setting forth a plea of trespass on the case against the city of North Muskegon,…
1Opinion of the CourtTaft, Circuit Judge
By the common law of Michigan, municipal corporations are not liable for injuries to a traveler caused by the defective condition of the streets within their borders. Detroit v. Osborne, 135 U. S. 492, 10 Sup. Ct. 1012; Detroit v. Blackeby, 21 Mich. 84; Detroit v. Putnam, 45 Mich. 263, 7 N. W. 815; Church v. City of Detroit, 64 Mich. 571, 31 N. W. 447. The right of the plaintiff below to recover for her injuries against the village or city rested wholly upon the act of 1887, and a good declaration ought to have set out the conditions precedent to a recovery mentioned in the statute. The…
2Cases cited16 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Detroit v. OsborneSupreme Court of the United States · 1890
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Alley v. NottSupreme Court of the United States · 1884
- Gordon v. GilfoilSupreme Court of the United States · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- Bank of Kentucky v. StoneU.S. Circuit Court for the District of Kentucky · 1898
- Sweetser v. FoxUtah Supreme Court · 1913
- Hickey v. JohnsonCourt of Appeals for the Eighth Circuit · 1925
- City of Ironton v. Harrison Const. Co.Court of Appeals for the Sixth Circuit · 1914
9 more not listed; retrieve them via the Exa API.