Blumrich v. Village of Highland Park
| Decision Date | 24 June 1902 |
| Citation | 131 Mich. 209,91 N.W. 129 |
| Court | Michigan Supreme Court |
| Parties | BLUMRICH v. VILLAGE OF HIGHLAND PARK. |
Error to circuit court, Wayne county; Morse Rohnert, Judge.
Action by Louisa Blumrich against the village of Highland Park. Judgment for plaintiff, and defendant brings error. Reversed.
Plaintiff claims to have fallen upon a defective sidewalk and received an injury for which she sued the defendant, and recovered verdict and judgment. She presented no claim in writing to the common council. Her son, Mr. Schroeder, appeared in open session of the council, and testified that, as the council 'was about ready to close, the chairman spoke up, and said, 'There is a gentleman here who wishes to say something,'' whereupon the son arose, and said "Gentlemen, you are aware of the accident that occurred on Glendale avenue, on the 8th day of October, to Mrs Blumrich, my mother. I said she fell on the sidewalk there just west of Woodward avenue, and was hurt pretty badly, and she wants to know what the village is going to do with regard to this claim. She presents a claim of damages.' So somebody spoke up and said, 'We will leave that to a committee or trustees." It was then 'moved and supported that the matter in regard to Mrs. Blumrich falling on a defective sidewalk on Glendale avenue be referred to the committee on village affairs, and to report at the next meeting.' The motion prevailed. The committee did not meet. Two of them met once, and Mr. Schroeder testified that he appeared there, and that nothing was done; one of the committee telling him that he ought to have a written statement filed with the town clerk.
The statute provides that no account or claim shall be received for audit or allowance unless accompanied by the certificate of an officer of the corporation or an affidavit of the person rendering it, etc., and makes it a sufficient defense in any court against any such claim, whether for personal injuries or otherwise, that it has never been presented certified to, or verified as provided. Comp. Laws, � 2754. The statute also provides that no municipal corporation shall be liable for injuries resulting from defective streets or sidewalks unless the person injured shall serve, or cause to be served, within 60 days after such injury, a notice in writing upon the clerk or deputy clerk of such village, setting forth substantially the time when and place where such injury took place, the manner in which it occurred, the extent of the injury, and that the person receiving such injury intends to hold the village liable for such damages. Comp. Laws, � 2775.
Rowland M. Connor, for appellant.
Sumner Collins (Timothy E. Tarnsney, of counsel), for appellee.
GRANT J. (after stating the facts).
Two questions are presented: (1) Did the action of the council operate as a waiver of the provisions of the statute in regard to the notices required? (2) Was there sufficient evidence of negligence on the part of the defendant to justify the submission of that question to the jury?
Plaintiff neither filed any notice with the clerk, nor presented any claim to the council of the village, in writing. The verbal report which, it is urged, was made by her son, specified no damages, and in no respect complied with the statute. In every case where this court has held that the municipal authorities have waived the provisions of this statute, there has been a written claim...
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