Legal Opinion · Concurrence

Davis v. City of Adrian

Michigan Supreme Court

Decided March 5, 1907No. Docket No. 13Published

Error to Lenawee; Shepherd, J., presiding. Case by Garfield Davis against the city of Adrian for personal injuries. There was judgment for plaintiff, and defendant brings error.

1ConcurrenceHooker, J.

The plaintiff recovered a judgment against the city of Adrian for an injury to his leg resulting from his stepping into an open hole in the sidewalk.

Before commencing this action, a claim in the language set forth in the opinion of Mr. Justice Moore was filed with the council, referred to a committee, and rejected.

Of this claim it may be truly said (1) that it does not exhibit in detail the items of expenditure which had been incurred previous to the filing of the claim, proof of which was given at the trial; (2) there is no statement that the claim is reasonable or just, and that no payment…

2Cases cited10 opinions

  1. Davidson v. City of MuskegonMichigan Supreme Court · 1897
  2. Brown v. City of OwossoMichigan Supreme Court · 1901
  3. Griswold v. City of LudingtonMichigan Supreme Court · 1898
  4. Tattan v. City of DetroitMichigan Supreme Court · 1901
  5. Foster v. Village of BellaireMichigan Supreme Court · 1901

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