City of Detroit v. Putnam

• Decision Date: 12 January 1881
• Citation: 45 Mich. 263,7 N.W. 815
• Court: Michigan Supreme Court
• Parties: CITY OF DETROIT v. PUTNAM.

7 N.W. 815

45 Mich. 263

CITY OF DETROIT v. PUTNAM.

Supreme Court of Michigan

January 12, 1881

Where a statute attempts, in derogation of the common law, to create a liability, the court will not go beyond its clearly-expressed provisions. Act No. 244, Laws 1879, p. 223 does not create a liability for damages that may result from a defective sidewalk in a city.

Error to superior court of Detroit.

F.A Baker, for plaintiff in error.

Brennan & Donnelly and Dan M. Dickinson, for defendant in error.

MARSTON C.J.

Defendant in error recovered a judgment against the city for injuries sustained by reason of a defective sidewalk. It is not claimed that the action would lie in this state in the absence of a statute creating the liability. The plaintiff below relied upon act No. 244 of the Laws of 1879, p. 223 which is entitled "An act for the collection of damages sustained by reason of defective public highways, streets bridges, crosswalks and culverts." The first section of the act creates a liability in favor of persons "sustaining bodily injury upon any of the public highways or streets in this state by reason of neglect to keep such public highways or streets, and all bridges, crosswalks and culverts on the same in good repair." The second section creates a liability for damage to any animal, cart, carriage, etc., receiving any injury by reason of neglect to keep in repair any public highway, street, bridge, crosswalk or culvert, and in each section it is the township, village, city or corporation whose duty it is to keep such highway, etc., in repair that is made liable. The fourth section makes it the duty of such municipalities to keep in good repair all public highways, streets, bridges, crosswalks and culverts, and when the means provided by law are insufficient for such purpose, they are authorized to levy such additional sum, within certain limitations as may be necessary.

It is noticeable that sidewalks are not in express terms mentioned in this statute, and that the act is made applicable to townships, villages, cities and corporations whose duty it is to keep the highway in repair. It must be seldom, indeed, if at all, that sidewalks can be found in townships outside of the corporate limits of villages, while crosswalks, bridges and culverts will be found in cities, villages and townships. In the repair and construction of crosswalks, bridges and culverts the expense or cost is...