Sykes v. City of Battle Creek, 120.
Decision Date | 05 June 1939 |
Docket Number | No. 120.,120. |
Citation | 288 Mich. 660,286 N.W. 117 |
Parties | SYKES v. CITY OF BATTLE CREEK. |
Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Action by Josephine Sykes against the City of Battle Creek, a municipal corporation, for injuries sustained from fall caused when the heel of plaintiff's shoe caught in an iron sewer grating. From judgment for defendant, plaintiff appeals.
Affirmed.
Appeal from Circuit Court, Calhoun County; Blaine W. Hatch, judge.
Argued before the Entire Bench, except NORTH, J.
Ronald M. Ryan, of Battle Creek, for appellant.
Walter P. North, of Battle Creek, for appellee.
Plaintiff claims that on July 11, 1936, while stepping from a curb at the intersection of a street in Battle Creek, she caught the heel of her right shoe in an iron sewer grating and was thrown to her knees and onto her left side, fracturing her hip. As a result she is permanently crippled and disabled. Defendant in denying the allegations, asserts not only lack of due care and caution on the part of plaintiff but that she did not file notice of claim of accident as required by Chapter 39 of the Charter of the City of Battle Creek. This provides for a notice in writing within 60 days from the date of the injury claimed to have been received by reason of any defect in any sidewalk, crosswalk, street, bridge, alley, court or park or any place in the city or in any work in which the city shall be engaged Before the jury was drawn, defendant moved for a judgment of no cause of action,because of plaintiff's failure to give notice within the required time. Judgment for defendant was thereupon entered and is here appealed from.
It is plaintiff's position that the charter provision constitutes an invalid limitation on the right of a claimant to bring suit against the city for damages allegedly caused by a defective highway condition. The charter, which was adopted in 1913 under the provisions of the Home Rule Act (1 Comp.Laws 1929, § 2228 et seq.; Stat.Ann. § 5.2071, et seq.), is claimed to be in conflict with the provisions of 1 Comp.Laws 1929, § 4230 (Stat.Ann. § 9.598), which are as follows: ...
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...city's charter. In other contexts, the Legislature's use of the word "law" has included municipal charters, see Sykes v. Battle Creek, 288 Mich. 660, 663, 286 N.W. 117 (1939); Hudson Motor Car Co. v. Detroit, 282 Mich. 69, 78, 275 N.W. 770 (1937). 15 Therefore, we conclude that the word "la......
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Morgan v. McDermott, 2
...to claims against cities for injuries allegedly caused by defective conditions of a sidewalk or highway. Sykes v. City of Battle Creek (1939), 288 Mich. 660, 286 N.W. 117, involved a suit for damages for personal injuries sustained when stepping off a curb. No notice of claim of injury was ......
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