Miller v. City of Detroit
Michigan Supreme Court
Error to Wayne; Murphy, J. Case by John R. Miller against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
1Opinion of the CourtHooker, J.
The admitted facts in this cause are that the plaintiff, while walking upon a sidewalk in the city of Detroit, was struck and injured by a dead limb, which fell from a tree over his head. The tree was growing in the public street, between the sidewalk and the curb, and it was admitted by counsel that the limb was 5 inches thick and 15 feet long, and that it had been dead four years. The plaintiff brought this action for damages, alleging negligence. The learned circuit judge directed a verdict for the defendant, and the plaintiff has appealed.
The statutes upon which plaintiff’s right to…
2Cases cited18 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Bandfield v. BandfieldMichigan Supreme Court · 1898
- McEvoy v. City of Sault Ste. MarieMichigan Supreme Court · 1904
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
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3Cited by15 opinions
- Johnson v. Board of County Road CommissionersMichigan Supreme Court · 1931
- Harp v. City of Cleveland HeightsOhio Supreme Court · 2000
- Heino v. City of Grand RapidsMichigan Supreme Court · 1918
- Harp v. Cleveland Hts.Ohio Supreme Court · 2000
- Jablonski v. City of Bay CityMichigan Supreme Court · 1929
10 more not listed; retrieve them via the Exa API.