Barnes v. City of West Bay City
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Lutheria A. Barnes against the city of West Bay City for personal injuries. There was judgment for plaintiff, and defendant brings error. This action was brought to recover damages for injuries sustained hy the plaintiff from a fall on a defective sidewalk in West Bay City.
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Error to Bay; Shepard, J. Case by Lutheria A. Barnes against the city of West Bay City for personal injuries. There was judgment for plaintiff, and defendant brings error. This action was brought to recover damages for injuries sustained hy the plaintiff from a fall on a defective sidewalk in West Bay City. Plaintiff, a woman of mature years, and a companion, were returning home from their day’s work at a factory at about six o’clock in the evening of November 18, 1902, when she stepped into a hole in the sidewalk and fell and was injured thereby. It appeared in evidence that plaintiff had…
1Opinion of the CourtMoore, C. J.
This action is brought to recover for injuries received by the plaintiff upon a defective sidewalk. The city offered no evidence. From a judgment obtained by the plaintiff, the case is brought here by writ of error. The sole question involved is, Do the facts show plaintiff guilty, as a matter of law, of contributory negligence ? It is claimed by the city they do, and that the case is within Irion v. City of Saginaw, 120 Mich. 295, and like cases. On the part of the plaintiff it is claimed the testimony presented a question of fact for the jury, under Styles v. Village of Decatur, 131 Mich.…
2Cases cited2 opinions
- Styles v. Village of DecaturMichigan Supreme Court · 1902
- Irion v. City of SaginawMichigan Supreme Court · 1899
3Cited by4 opinions
- Wadkins v. City of AlbionMichigan Supreme Court · 1918
- Cloutier v. City of OwossoMichigan Supreme Court · 1955
- Vincent v. City of DetroitMichigan Supreme Court · 1920
- Sargeant v. City of DetroitMichigan Supreme Court · 1909