Wesley v. City of Detroit
| Decision Date | 18 July 1898 |
| Citation | 117 Mich. 658,76 N.W. 104 |
| Court | Michigan Supreme Court |
| Parties | WESLEY v. CITY OF DETROIT. |
Error to circuit court, Wayne county; George S. Hosmer, Judge.
Action by Henry Wesley against the city of Detroit. There was a judgment for defendant, and plaintiff brings error. Affirmed.
May & Moloney, for appellant.
John J Speed, for appellee
I think the court was correct in directing a verdict. The sidewalk was in a condition in which the city had a right to leave it. If there had been a plank or stone walk of the same incline as the ground, it would have been equally, if not more dangerous. It was not unsafe or dangerous in its original condition. It was made unsafe solely by the accumulation of ice and snow. Sidewalks and streets must have inclines, and, whatever may be the decisions of the courts of other states, it is settled in this state that municipalities are not liable for accident caused by the natural accumulations of ice and snow. Gavett v. City of Jackson, 109 Mich. 408, 67 N.W. 517; Hutchinson v City of Ypsilanti, 103 Mich. 12, 61 N.W. 279. See, also, authorities cited in these two cases. All inclined sidewalks become dangerous for pedestrians when covered with ice. All the law requires is that the municipality shall keep them otherwise in a reasonably safe condition. The judgment is affirmed.
Perry street intersects Grand River avenue at right angles. Until the fall of 1892 the sidewalks on the two streets were on the same level. Late in the fall of 1892 the two streets were paved, and the cross walks on both streets were lowered, as was the sidewalk on Grand River street. This left the walk on Perry street about 18 inches higher where it joined the sidewalk on Grand River street than the sidewalk on the last-named street. About 3 feet of the sidewalk on Perry street was cut off, leaving a drop from the top of the plank to the ground of about 6 inches. From the end of the walk as cut off to the walk on Grand River street the earth was left exposed, and the earth wore away, so it became inclined. The incline reached to the Grand River walk. The drop in the earth was about 12 inches in the 3 feet. The city authorities knew of the condition of this walk for some time before the accident occurred. The plaintiff lived on Perry street. He did business on Grand River avenue, and knew the condition of the walk. He necessarily passed over it in going to and from his home, unless he went two or three blocks further to reach his home. This was a much-traveled highway. This portion of the sidewalk became partially covered with snow and ice. In February, 1893, plaintiff attempted to pass over it. He slipped and fell, and sustained injuries for which this action was brought. The learned trial judge directed the jury to return a verdict in favor of the city, upon the ground that the approximate cause of the injury was not the defect in the walk, but was the natural accumulation of ice and snow. The plaintiff brings the case here by writ of error.
It is the contention of the counsel for the city that the action of the circuit judge is justified by the cases of McKellar v. City of Detroit, 57 Mich. 158, 23 N.W. 621; Kannenberg v. City of Alpena, 96 Mich. 53, 55 N.W 614; Rolf v. City of Greenville, 102 Mich. 544, 61 N.W. 3; Hutchinson v. City of Ypsilanti, 103 Mich. 12, 61 N.W. 279; Gavett v. City of Jackson (Mich.) 67 N.W. 517. An inspection of these cases shows that none of them are like the case at bar. In none of them was there any claim that there was any defect in the construction of the sidewalk or street where the accident occurred. The effect of these decisions is that there is no liability on the part of municipalities for injuries resulting from the accumulation of snow and ice where there is no defect in the construction of the street or walk where the injury occurred. Here it was the claim of the plaintiff that the walk was defective and dangerous. He gave proof tending to show this was true. He also offered testimony tending to show that it was the declivity and slope that made him fall, and, if it had not been for the slope, he would not have slipped. In Perkins v. City of Fond du Lac, 34...
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