Legal Opinion

Township of Leoni v. Taylor

Michigan Supreme Court

Decided April 12, 1870PublishedCited by 26 opinions

Error to Jackson Circuit. This was au action on the case brought by Ebenezer Taylor against the Township of Leoni. The declaration averred the existence in the township of Leoni, of a certain public highway which crosses a stream; that over and across said stream, is a bridge which belongs to and is a part of such public highway; “ and that defendant was authorized and compelled by law to keep such bridge in repair, and safe for the use of the public, as aforesaid; that said…

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Error to Jackson Circuit. This was au action on the case brought by Ebenezer Taylor against the Township of Leoni. The declaration averred the existence in the township of Leoni, of a certain public highway which crosses a stream; that over and across said stream, is a bridge which belongs to and is a part of such public highway; “ and that defendant was authorized and compelled by law to keep such bridge in repair, and safe for the use of the public, as aforesaid; that said bridge was defective, out of repair and unsafe,” &c., and further averring that “while in the act of crossing the…

1Opinion of the CourtG-ravks, J.

This is a writ of error to the Circuit Court for the County of Jackson.

The defendant in error, while travelling over a public bridge in said township, received an injury in consequence of the unsafe and defective condition of the bridge, and on suit brought, recovered a judgment in the Court below against the township for his damages occasioned by such injury. The accident occurred and suit was brought and determined in 1869, and the only question now to be decided is whether the township was subject to prosecution for the damages occasioned by the insufficiency of the bridge.

The plaintiff in…

2Cases cited1 opinion

  1. Commissioners of Highways v. MartinMichigan Supreme Court · 1857

3Cited by26 opinions

  1. Kammer Asphalt Paving Co. v. East China Township SchoolsMichigan Supreme Court · 1993
  2. Nicholson v. City of DetroitMichigan Supreme Court · 1902
  3. Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
  4. Roy v. Department of TransportationMichigan Supreme Court · 1987
  5. Merkle v. Township of BenningtonMichigan Supreme Court · 1885

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