Cummings v. Dixon
Michigan Supreme Court
Error to Montcalm; Davis, J. Trespass quare clausum fregit by Edward C. -Cummings against Thomas T. Dixon and another. From a judgment for defendants on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtMontgomery, J.
This case presents a question of great importance to municipalities. The action is brought in trespass against the president and street commissioner of the village of Carson City to recover damages sustained by plaintiff by excavations made in Main street, in said village, to make the grade conform to the grade established by the village authorities by regular action taken *270in the year 1900. The plaintiff’s contention is that the action taken to establish this grade was unlawful, and wholly ineffectual, for the reason that it constituted an attempt to change a previously established grade…
2Cases cited7 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- McGar v. Borough of BristolSupreme Court of Connecticut · 1899
- Kepple v. City of KeokukSupreme Court of Iowa · 1883
- Mattingly v. City of PlymouthIndiana Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bass v. City of CasperWyoming Supreme Court · 1922
- Wheat v. Van TineMichigan Supreme Court · 1907
- Grigg Hanna Lumber & Box Co. v. State Highway CommissionerMichigan Supreme Court · 1940
- Labadie v. Village of FordMichigan Supreme Court · 1915
- Speck v. County of WayneMichigan Supreme Court · 1927