Legal Opinion

Stanton v. Township of Webster

Michigan Supreme Court

Decided May 31, 1912No. Docket No. 57PublishedCited by 3 opinions

Error to Washtenaw; Kinne, J. Case by Harriet Stanton against the township of Webster, for personal injuries. A judgment for defendant upon a verdict directed by the court is reviewed by plaintiff on writ of error.

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Error to Washtenaw; Kinne, J. Case by Harriet Stanton against the township of Webster, for personal injuries. A judgment for defendant upon a verdict directed by the court is reviewed by plaintiff on writ of error. One of the highways in defendant township ran through a ravine or low place, and in this ravine the traveled part of the highway — the roadway — was constructed on an embankment, through which, in the fall of the year 1909, a culvert was laid; the approaches thereto being newly graded. It is alleged in the declaration that the embankment, where it approached the culvert from the…

1Opinion of the CourtOstrander, J.

{after stating the facts). It does not appear from the testimony that the embankment upon which the road was laid was formed from earth drawn from a distance. It seems to have been made by turning, or turnpiking, the soil in the highway in such manner that, beginning a few rods from the highway at the level *433of the surrounding land, the road was carried to the height of, and over, the culvert, and approaching which the embankment was, perhaps, six feet higher than the level of the land on either side. It does appear that the top of the embankment was not wide enough to permit two teams to…

2Cases cited4 opinions

  1. Malloy v. Township of WalkerMichigan Supreme Court · 1889
  2. Gage v. Pontiac, Oxford & Northern RailroadMichigan Supreme Court · 1895
  3. Shaw v. Township of SalineMichigan Supreme Court · 1897
  4. Hannon v. City of GladstoneMichigan Supreme Court · 1904

3Cited by3 opinions

  1. Mendyk v. Michigan Employment Security CommissionMichigan Court of Appeals · 1979
  2. Lamb v. Township of Clam LakeMichigan Supreme Court · 1913
  3. Lubbers v. Township of ManliusMichigan Supreme Court · 1912

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