Scheel v. City of Detroit
Michigan Supreme Court
Error to Wayne; Brooke, J. Case by Casper H. Scheel against the city of Detroit for personal injuries. From a judgment for defendant; plaintiff brings error. Plaintiff claims that he fell into a hole on a cross-walk of the defendant city on November 2, 1899, and received a very serious injury. He brought suit to recover damages, alleging negligence on the part of the defendant.
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Error to Wayne; Brooke, J. Case by Casper H. Scheel against the city of Detroit for personal injuries. From a judgment for defendant; plaintiff brings error. Plaintiff claims that he fell into a hole on a cross-walk of the defendant city on November 2, 1899, and received a very serious injury. He brought suit to recover damages, alleging negligence on the part of the defendant. The defense was that there was no defect in the cross-walk, that plaintiff was negligent, and that plaintiff’s condition was the result of injuries inflicted upon him in 1891. Three special questions were submitted to…
1Opinion of the CourtGrant, J.
{.after stating the facts). Plaintiff’s counsel concede that the instructions upon the questions of the negligence of the defendant and the contributory negligence of the plaintiff were correct, for no question is raised upon them. All the errors assigned relate to the admission of the testimony of the two oculists who examined the eyes of the plaintiff about the time of the accident, and who were permitted to testify as to their condition; to the instructions upon the measure of damages, and the cause of plaintiff’s injuries.
If the cross-walk was in a reasonably safe condition, as required…
2Cases cited4 opinions
- Germaine v. City of MuskegonMichigan Supreme Court · 1895
- Anderson v. Thunder Bay River Boom Co.Michigan Supreme Court · 1885
- Kramer v. GustinMichigan Supreme Court · 1884
- Johnston v. DavisMichigan Supreme Court · 1886
3Cited by3 opinions
- Sterling v. City of DetroitMichigan Supreme Court · 1903
- Brown v. HarrisMichigan Supreme Court · 1905
- Burbidge v. Utah Light & Traction Co.Utah Supreme Court · 1921