City of Detroit v. Corey
Michigan Supreme Court
Error to Wayne Circuit. The action was case for damages suffered by the wifa of plaintiff from falling into a ditch or excavation opened on Grand River street, in the city of Detroit. It appears from the evidence 'that Grand River street, at the place in question, was graded to the width of twenty-five feet. The south side of the grade, on the righ^ hand coming into the city of Detroit, was occupied by the plank track of the Detroit & Howell Plank Road Company.
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Error to Wayne Circuit. The action was case for damages suffered by the wifa of plaintiff from falling into a ditch or excavation opened on Grand River street, in the city of Detroit. It appears from the evidence 'that Grand River street, at the place in question, was graded to the width of twenty-five feet. The south side of the grade, on the righ^ hand coming into the city of Detroit, was occupied by the plank track of the Detroit & Howell Plank Road Company. The ditch was opened on the north side of the grade, and there was a space of eight feet and two inches between the ditch and the…
1Opinion of the Court
Manning J.:
The only question in this case is the liability of the city.
It was said on the arg-ument that the contractors, and not the city, are liable, as the sewer was being constructed by them under a contract with the city when the accident occurred.
*184When, the relation of j^'incipal and agent, or master and servant exists, the rule of respondeat superior is applicable, but not when the relation is that of contractor only. In all ordinary transactions the relation of contractor excludes that of principal and agent, or master and seyvant. But there is not necessarily such a repugnance between…
2Cases cited2 opinions
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
3Cited by66 opinions
- Rosario v. City of LansingMichigan Supreme Court · 1978
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- In Re Certified Question From 14th Dist. Court of Appeals of TexasMichigan Supreme Court · 2007
- City of Logansport v. DickIndiana Supreme Court · 1880
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