O'HARE v. City of Detroit

On motion in the Wayne circuit court plaintiffs’ suits in these 2 cases were dismissed as to the city of Detroit only on the ground that they were barred by the doctrine of governmental immunity. On appeal plaintiffs claim that their actions come within a statutorily created exception to the governmental immunity doctrine. The sole question for our review is:

“Does the common-law doctrine of municipal immunity while performing governmental functions yield to the specific statutory liability imposed on the municipality for failing to maintain its streets in a condition reasonably safe and fit…