Yotter v. City of Detroit

• Decision Date: 22 October 1895
• Citation: 107 Mich. 4,64 N.W. 743
• Court: Michigan Supreme Court
• Parties: YOTTER v. CITY OF DETROIT.

64 N.W. 743

107 Mich. 4

YOTTER v. CITY OF DETROIT.

Supreme Court of Michigan

October 22, 1895

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Charlotte Yotter against the city of Detroit to recover for injuries alleged to have been sustained through plaintiff's negligence in maintaining a defective sidewalk. From a judgment for plaintiff, defendant brings error. Reversed.

John J. Speed, for appellant.

James H. Pound, for appellee.

GRANT, J. (after stating the facts).

This case is nearly identical in its facts with Weisse v. City of Detroit, 63 N.W. 423 (decided at the last term), and is clearly within the rule there established. The cross walk in the present case was not in as bad condition as was the one in that case, the ends of which would spring up and down when stepped on, while this was solid on the walk or timbers under it. It is sought to distinguish this case from that, because this walk was not a crossing at the intersection of public streets. We think there is no force in this distinction. The city had the right to authorize or permit the owner of the adjoining land to construct a cross walk, similar to those which it might lawfully construct. The existence and construction of this cross walk were as well known to the residents in that vicinity as were those of any street cross walk. There is, therefore, no reason in holding that the one was reasonably safe while the other was not. The statute imposing liability is stated in Weisse v. City of Detroit. ^[1] This case was tried in the court below before the decision in that case was rendered. Judgment reversed, with the costs of both courts, and no new trial granted.

McGRATH, C.J., and LONG and HOOKER, JJ., concurred.

MONTGOMERY, J.

I concur in the foregoing opinion for the reason that I think the question concluded by Weisse v. City of Detroit, 63 N.W. 423.

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Notes:

^[1] "It is hereby made the duty of townships, villages, cities or corporations, to keep in reasonable repair so that they will be reasonably safe and convenient for travel, all public highways, streets, bridges, crosswalks, and culverts, that are within their jurisdiction, under their care and control and which are open to public travel." 3 How. Ann. St. � 1446e.

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