Boike v. City of Flint

This is another case where the plaintiff, suing on exclusive authority of a long-standing statute (CL 1948 and CLS 1961, § 242.1 et seq. [Stat Arm 1958 Rev § 9.591 et seg.]), * would avoid one of the mandatory sections of that statute (CL 1948, § 242.8 [Stat Ann 1958 Rev § 9.598]) in effort to maintain such pleaded right. In so many words, plaintiff would have the Court conclude that the legislature, when that body employed the premisory phrasing of sections 1, 5, 7, and 8 of such statute, created a right of action for “bodily injury” based upon negligence rather than nuisance, and further…