Brydon v. City of Detroit
Brydon v. City of Detroit
Opinion of the Court
Plaintiff, who was at the time five years of age, sustained injuries which he alleges were caused by the defective condition of a sidewalk on Michigan avenue. The injury was sustained on the 30th of
Defendant contends that the testimony conclusively shows that the excavation had been left barricaded two hours before the accident occurred; that the case falls within Welsh v. City of Lansing, 111 Mich. 589; and that, therefore, the circuit judge should have directed a verdict for the defendant. No other point is discussed in the brief of defendant’s counsel, and none other can be considered. We think this case is clearly distinguishable from Welsh v. City of Lansing. In this case the primary cause of the injury would appear to have been the bad condition of the walk as the barricade was approached. While a barricade, properly constructed, might have arrested the fall, and the injury might have been lessened thereby, it is manifest that the primary -cause was the defective walk. We think, also, in view of this condition of the approaching walk, that the question as to the sufficiency of the barricade was one for the jury.
Judgment affirmed.
Reference
- Full Case Name
- BRYDON v. CITY OF DETROIT
- Status
- Published