McCutcheon v. Common Council
Michigan Supreme Court
Error to Calhoun. Trespass on the case. Plaintiff brings error. A municipal corporation is liable in an action for private injury caused by its active misfeasance in negligently creating a dangerous nuisance in the public street, Whart. Neg. 265; Shear. & Eedf. Neg. § 133; Dillon Mun.
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Error to Calhoun. Trespass on the case. Plaintiff brings error. A municipal corporation is liable in an action for private injury caused by its active misfeasance in negligently creating a dangerous nuisance in the public street, Whart. Neg. 265; Shear. & Eedf. Neg. § 133; Dillon Mun. Corp. § 789; Potter Corp. § 407; Cooley on Torts 608; Irvine v. Wood 51 N. Y. 224; Davenport v. New York 37 N. Y. 568; Conrad v. Ithaca 16 N. Y. 158; West v. Brockport id.’ 161; Wallace v. Mayor 2 Hilt. 440; Prentiss v. Boston 112 Mass. 43; Mayor v. Lasser 9 Humph. 757; Emery v. Lowell 104 Mass. 13; it is liable…
1Opinion of the CourtCooley, J.
The record in this case presents two questions of law. The first of these is, whether a municipal corporation is liable as for misfeasance in extending the *486bounds of one of its streets by widening it; thereby bringing an existing nuisance within the street limits. This question is answered by repeated decisions of this court. The action which widened the street was legislative, and no charge of misfeasance can be predicated thereon. Larkin v. Saginaw County, 11 Mich. 88; Pontiac v. Carter, 32 Mich. 164; Detroit v. Beckman, 34 Mich. 125; Lansing v. Toolan, 37 Mich. 152.
The second question is…
2Cases cited5 opinions
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- City of Lansing v. ToolanMichigan Supreme Court · 1877
- Larkin v. County of SaginawMichigan Supreme Court · 1862
3Cited by20 opinions
- Morgan v. McDermottMichigan Supreme Court · 1969
- Roberts v. City of DetroitMichigan Supreme Court · 1894
- Glasser v. Essaness Theatres Corp.Appellate Court of Illinois · 1952
- Coates v. StateSupreme Court of Arkansas · 1887
- Henkel v. City of DetroitMichigan Supreme Court · 1882
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