Michigan Reports (Volume 175); Cases Decided in the Supreme Court of Michigan

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Not illustrated. Excerpt: ... Mich. 597 (82 N. W. 278); Chauvin v. Railway Co., 135 Mich. 85 (97 N. W. 160), and other cases. The judgment of the circuit court is reversed, and a new trial granted. Steere, C. J., and Moore, Brooke, Kuhn, Stone, Ostrander, and Bird, JJ., concurred. WARNER v. CITY OF WYANDOTTE. 1. Municipal Corporations--Notice Of Claim--Waiver. Where plaintiff presented to the city council, within sixty days after suffering injuries on a defective sidewalk, a written request for assistance, setting up the fact and manner of his injury; and the claim was referred to a committee, one of the members of which made an Investigation and reported his conclusions to the common council, by which it was referred to the city attorney and he examined plaintiff under oath, the defendant city waived the objection that the notice of claim was defective.1 2. Same. In a personal Injury case brought for injuries sustained in a fall on a sidewalk where a step of five and a half to seven and a half Inches occurred between two portions of the walk, it was not error to exclude testimony that a witness for defendant had never had any difficulty In passing over the place in question and that the portion of the walk last built was constructed after the adjacent pavement was laid. 1 On the question of notice of claim and cause of Injury as condition of municipal liability for defect in highway, generally, see note In 20 L. R. A. (N. S.) 757. And as to the validity of requirement of written notice of defect to render municipal corporation liable for Injuries caused by defective highway, see note In 11 L. R. A. (N. S.) 391. Error to Wayne; Murphy, J. Submitted October 11, 1912. (Docket No. 55.) Decided May 29, 1913. Case by Hiram J. Warner against the city of Wyandotte for personal injuries. Judgment f...