Legal Opinion

Johnson v. City of Marquette

Michigan Supreme Court

Decided September 10, 1908No. Docket No. 1PublishedCited by 17 opinions

Error to Marquette; Stone, J. Case by Laughlin Johnson, administrator of the estate of Margaret M. Johnson, deceased, against the city of Marquette for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMontgomery, J.

The plaintiff’s intestate, while driving in a cutter in a street in defendant city, was overtaken by a team which had escaped from its driver, Herman Prebe, and, admittedly without fault or negligence on her part, was trampled upon and mortally injured. This action was brought to recover damages from the city, upon the claim that the cause of the fright to the team which resulted in the loss of control by the driver was a defective *52condition in the highway. The annexed plat will show the condition of the street. The crossing of the highway in question over the switch of the Marquette &…

2Cases cited5 opinions

  1. Gage v. Pontiac, Oxford & Northern RailroadMichigan Supreme Court · 1895
  2. Bleil v. Detroit Street Railway Co.Michigan Supreme Court · 1893
  3. Langworthy v. Township of GreenMichigan Supreme Court · 1893
  4. Olson v. City of Chippewa FallsWisconsin Supreme Court · 1888
  5. Simons v. Township of CascoMichigan Supreme Court · 1895

3Cited by17 opinions

  1. Salvati v. Department of State HighwaysMichigan Supreme Court · 1982
  2. Hampton v. Master Products, IncMichigan Court of Appeals · 1978
  3. Mendyk v. Michigan Employment Security CommissionMichigan Court of Appeals · 1979
  4. Stord v. Department of TransportationMichigan Court of Appeals · 1991
  5. Greenleaf v. Department of State Highways & TransportationMichigan Court of Appeals · 1979

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