Legal Opinion

Creitz v. Wolverine Engineering Co.

Michigan Supreme Court

Decided March 30, 1921No. Docket No. 37PublishedCited by 1 opinion

Error to Eaton; Smith (Clement), J. Case by Charles Creitz against thé Wolverine Engineering Company for damages to an automobile caused by an obstruction in a highway. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtFellows, J.

(after stating the facts). The trial judge should have directed a verdict for defendant because of plaintiff’s contributory negligence. It is not to be expected that a temporary bridge or even á public highway will be kept as smooth or free from obstructions or defects as the floors of places of business usually are. Therefore Brown v. Stevens, 136 Mich. 311; Faulkner v. Manufacturing Co., 201 Mich. 182, and Wine v. Newcomb, Endicott & Co., 203 Mich. 445, are not applicable. Nor is the case similar to Dier v. *407Voorhees, 200 Mich. 510, where the plaintiff’s decedent was upon the right side of…

2Cases cited11 opinions

  1. Wine v. Newcomb, Endicott & Co.Michigan Supreme Court · 1918
  2. Brown v. StevensMichigan Supreme Court · 1904
  3. Zoltovski v. GzellaMichigan Supreme Court · 1910
  4. Gibbs v. DaytonMichigan Supreme Court · 1911
  5. Tolmie v. Woodward Taxicab Co.Michigan Supreme Court · 1914

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3Cited by1 opinion

  1. Jones v. ArmstrongMichigan Supreme Court · 1925

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