Bodewig v. City of Port Huron
Michigan Supreme Court
Error to St Clair; Tappan, J. Case by John Bodewig against the city of Port Huron for damages to certain property by reason of its use by defendant as a pesthouse. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff owned six houses on the south side of Bancroft street, in the city of Port Huron, which he leased for dwelling houses.
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Error to St Clair; Tappan, J. Case by John Bodewig against the city of Port Huron for damages to certain property by reason of its use by defendant as a pesthouse. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff owned six houses on the south side of Bancroft street, in the city of Port Huron, which he leased for dwelling houses. In January, 1902, Dr. H. R. Mills, who was at that time health officer of the city, called upon plaintiff, asking if he had an empty house. Plaintiff replied that he had one on Bancroft street, gave Mills upon…
1Opinion of the CourtOstrander, J.
(after stating the facts). The main brief for appellant discusses the single proposition that the city is not liable for the tortious acts of its health officer, and the case of Nicholson v. City of Detroit, 129 Mich. 246 (56 L. R. A. 601), is cited and relied upon.
The defendant had the power — indeed, it is by the charter made a duty — to provide a pesthouse or hospital. It made use of the premises of the plaintiff for a hospital. Its liability and duty to pay for such use such sum as under the circumstances is reasonable is not denied. This liability is not diminished by the fact that the…
2Cases cited2 opinions
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Murray v. Village of Grass LakeMichigan Supreme Court · 1900
3Cited by2 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Hoek v. Township of AllendaleMichigan Supreme Court · 1910