Legal Opinion

Atherton v. Village of Bancroft

Michigan Supreme Court

Decided September 14, 1897PublishedCited by 12 opinions

Error to Shiawassee; Smith, J. Case by Mary E. Atherton against the village of Bancroft for personal injuries. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtLong, C. J.

This action was brought to recover for an injury received by the plaintiff upon a defective sidewalk in the defendant village on July 12, 1894. The case was tried before a jury, and a verdict and judgment entered in favor of the plaintiff for $2,050.

Before the jury was impaneled and sworn, a motion was made to dismiss the case upon the ground that the declaration did not state a cause of action. The reason given by counsel for this contention was that it did not appear by the declaration that the claim for damages for the injuries had been presented to and passed upon by the village council,…

2Cases cited1 opinion

  1. Girard v. City of KalamazooMichigan Supreme Court · 1892

3Cited by12 opinions

  1. Tarnow v. Railway Express AgencyMichigan Supreme Court · 1951
  2. Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
  3. Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
  4. Angell v. City of West Bay CityMichigan Supreme Court · 1898
  5. Lindley v. City of DetroitMichigan Supreme Court · 1902

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