Van Auken v. City of Adrian
Decision Date | 25 January 1904 |
Citation | 135 Mich. 534,98 N.W. 15 |
Court | Michigan Supreme Court |
Parties | VAN AUKEN v. CITY OF ADRIAN. |
Error to Circuit Court, Lenawee County; Guy M. Chester, Judge.
Action by Anson L. Van Auken, as executor of the estate of Abram I Grant, deceased, against the city of Adrian. From a judgment in favor of defendant, plaintiff brings error. Affirmed.
Plaintiff's decedent brought suit against the defendant city, claiming that he stepped into a hole of a sidewalk of said city and was injured. The claim of negligence is that the sidewalk was out of repair. With its plea the defendant gave notice that the claim was barred by the provision of the charter, not having been presented to the common council within three months after the accident. Mr. Grant died during the pendency of the suit, which was then revived in the name of his administrator.
In his opening statement plaintiff's counsel stated his case as follows: Counsel then stated to the court that he had nothing further to offer, whereupon the circuit judge delivered his opinion that the city was not liable, and in closing his opinion said: Counsel for plaintiff then made a further statement that the chairman of the committee to whom the claim was referred had a conference with one of the attorneys for the plaintiff, and asked to be furnished proof with regard to the existence of the hole, the length of time it had been there, the extent of the injury, etc., and that, in compliance with such request, affidavits showing the facts were furnished. Counsel did not state by whom they were furnished. After this statement the court directed a verdict for the defendant.
An action against a city for...
To continue reading
Request your trial-
Brown v. Salt Lake City
... ... is a statute of limitation. ( Hay v. City of Baraboo ... [Wis.], 105 N.W. 654; Van Auken v. Adrian ... [Mich.], 98 N.W. 15; O'Connor v. Fond du Lac [Wis.], ... 85 N.W. 327.) ... Neither ... a municipal corporation nor any ... ...
-
Keehn v. Stapleton
... ... H. Stearns and Francis W. Prosser, both of Wichita, Wm. L ... Cunningham, of Arkansas City, and Roy C. Davis, of Hutchinson ... (E. P. Villepigue, of Wichita, and O. C. Zwicker, of Eureka, ... 577, 97 N.W ... 830, 831; Belkin v. Iowa Falls, 122 Iowa 430, 98 ... N.W. 296; and Van Auken v. City of Adrian, 135 Mich ... 534, 98 N.W. 15 ... 4. The ... receiver asserts, ... ...
-
Penix v. City of St. Johns
...that such failure is fatal to plaintiff's suit, citing Selden v. Village of St. Johns, 114 Mich. 698, 72 N.W. 991; Van Auken v. City of Adrian, 135 Mich. 534, 98 N.W. 15; Ridgeway v. City of Escanaba, 154 Mich. 68, 117 N.W. 550; Moulthrop v. City of Detroit, 218 Mich. 464, 188 N.W. 433; Kel......
-
Eby v. City of Lewistown
... ... the claim. Schmidt v. Fremont, 76 Neb. 577, 97 N.W ... 830; Belkin v. Iowa Falls, 122 Iowa, 430, 98 N.W ... 296; Van Auken v. City of Adrian, 135 Mich. 534, 98 ... N.W. 15. In our opinion, the better view is that the giving ... of the notice is of the essence of the ... ...