Church v. President & Trustees
Michigan Supreme Court
Error to Montcalm; Davis, J. Case by Frank B. Cburcli against tbe president and trustees of the village of Howard City for personal injuries. From a judgment for plaintiff, defendant brings error. The defendant constructed a plank sidewalk along the north side of Edgerton street, one of the principal streets of the village, in front of a block where the buildings had been destroyed by fire. It is 105 feet long, 10 feet wide, and from 22 to 53 inches high.
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Error to Montcalm; Davis, J. Case by Frank B. Cburcli against tbe president and trustees of the village of Howard City for personal injuries. From a judgment for plaintiff, defendant brings error. The defendant constructed a plank sidewalk along the north side of Edgerton street, one of the principal streets of the village, in front of a block where the buildings had been destroyed by fire. It is 105 feet long, 10 feet wide, and from 22 to 53 inches high. A railing was erected on the side adjoining the vacant lots, but none on the side adjoining the carriage way. It was constructed six months…
1Opinion of the CourtGrant, J.
(after stating the facts). The court should, as requested, have directed a verdict for the defendant. Plaintiff was not in the exercise of ordinary care. He was perfectly familiar with the situation, and knew the danger. He chose to direct his course by a light which was not the one he supposed it to be. It is doubtful whether, at the point where he selected this light as his guide, he could have seen the light in Denton’s house if it had been there, on account of an angle in the
*300street. His counsel in their brief say: “It is absolutely certain that, had there been a railing there, he would…
2Cases cited3 opinions
- Black v. City of ManisteeMichigan Supreme Court · 1895
- Smith v. City of JacksonMichigan Supreme Court · 1895
- Kuhn v. Township of WalkerMichigan Supreme Court · 1893
3Cited by7 opinions
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Sherman v. Consumers' Power Co.Michigan Supreme Court · 1917
- Cloney v. City of KalamazooMichigan Supreme Court · 1900
- Karrer v. City of DetroitMichigan Supreme Court · 1905
- Highland v. Township of GarfieldMichigan Supreme Court · 1912
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