Barnes v. City of West Bay City

Michigan Supreme Court

Barnes v. City of West Bay City

101 N.W. 1131, 138 Mich. 93, 1904 Mich. LEXIS 797

CourtMichigan Supreme Court

DecidedOctober 26, 1904

DocketDocket No. 17

StatusPublished

Cited by4 cases

This text of 101 N.W. 1131 (Barnes v. City of West Bay City) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. City of West Bay City, 101 N.W. 1131, 138 Mich. 93, 1904 Mich. LEXIS 797 (Mich. 1904).

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Opinion

Moore, C. J.

This action is brought to recover for injuries received by the plaintiff upon a defective sidewalk. The city offered no evidence. From a judgment obtained by the plaintiff, the case is brought here by writ of error. The sole question involved is, Do the facts show plaintiff guilty, as a matter of law, of contributory negligence ? It is claimed by the city they do, and that the case is within Irion v. City of Saginaw, 120 Mich. 295, and like cases. On the part of the plaintiff it is claimed the testimony presented a question of fact for the jury, under Styles v. Village of Decatur, 131 Mich. 443, and like cases*. The case is near the border line. It would profit no one to set out the testimony in detail. We will content ourselves with saying the testimony made a question of fact for the jury.

Judgment is affirmed.

The other Justices concurred.

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Moore, C. J.

This action is brought to recover for injuries received by the plaintiff upon a defective sidewalk. The city offered no evidence. From a judgment obtained by the plaintiff, the case is brought here by writ of error. The sole question involved is, Do the facts show plaintiff guilty, as a matter of law, of contributory negligence ? It is claimed by the city they do, and that the case is within Irion v. City of Saginaw, 120 Mich. 295, and like cases. On the part of the plaintiff it is claimed the testimony presented a question of fact for the jury, under Styles v. Village of Decatur, 131 Mich. 443, and like cases*. The case is near the border line. It would profit no one to set out the testimony in detail. We will content ourselves with saying the testimony made a question of fact for the jury.

Judgment is affirmed.

The other Justices concurred.

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Bluebook (online)

101 N.W. 1131, 138 Mich. 93, 1904 Mich. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-city-of-west-bay-city-mich-1904.

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