Leslie v. City of Grand Rapids
Decision Date | 18 April 1899 |
Citation | 78 N.W. 885,120 Mich. 28 |
Court | Michigan Supreme Court |
Parties | LESLIE v. CITY OF GRAND RAPIDS. |
Error to superior court of Grand Rapids; Edwin A. Burlingame Judge.
Action by Mary A. Leslie against the city of Grand Rapids. Judgment for defendant, and plaintiff brings error. Affirmed.
Taylor & Eddy, for appellant.
Henry J. Felker, for appellee.
This action was brought to recover damages for personal injuries sustained by plaintiff, who was thrown from her bicycle, on the evening of November 26, 1897, in consequence of the defective condition of the asphalt pavement on Canal street in that city. That street was paved with asphalt covering from 2 to 3 inches in thickness. The break in the pavement into which the plaintiff rode with her wheel was about 2 1/2 feet by 2 feet in extent, and from 2 to 2 1/2 inches deep. The asphalt had been worn away down to the concrete by the passage of teams over it. It is one of the most used streets in the city, hundreds of teams passing over it daily. The asphalt was worn in several other places, as well. These holes or broken places had existed for 60 days or more previous to the accident, so that the real controversy arises over the question whether the city was bound, under the statute, to keep its streets in a reasonably safe condition and fit for vehicles of that character to pass over it. It appears, without contradiction, that it was in reasonably safe and fit condition for ordinary vehicles, such as wagons and carriages. It has been held in this state, and in others, that a bicycle is a vehicle; but the question has never before been presented in this state whether, under this statute, the streets must be kept in a reasonably safe condition for this class of vehicles. When the amendment to the statute was passed in 1887, this class of vehicles was in use only to a limited extent, and we do not think the legislature had this class of vehicles in mind, or intended to place the burden upon townships and cities to keep their roads and streets in a safe condition for them. Reasonable care in the construction and maintenance of highways for ordinary vehicles, such as wagons and carriages, is the measure of duty resting upon municipalities. In Sutphen v. Town of North Hempstead, 80 Hun, 409, 30 N.Y.S. 128 the court said: "It is apparent that a bicycle rider upon an ordinary country road is exposed to greater dangers than a person riding in a wagon,...
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