124 Mich. 348 | Mich. | 1900
The statement of facts is taken largely from the brief of counsel for defendant. Catherine Boyle, the plaintiff, brought suit against the city of Saginaw, the defendant, to recover damages for injuries she sustained on a defective sidewalk on October 29, 1898. On the trial of the case she recovered a verdict of $1,000. She was a married woman, and at the time of her injuries,
The first question to be decided is, Did the court err in permitting plaintiff to show the condition of the sidewalk in front of the lot at other places than where the plaintiff’s testimony tended to show she was injured? It is claimed by defendant that, where the defect which caused the injury can be definitely pointed out, the evidence as to defects must be confined to the hole which caused the injury; citing Dundas v. City of Lansing, 75 Mich. 499 (42 N. W. 1011, 5 L. R. A. 143, 13 Am. St. Rep. 457); Tice v. Bay City, 78 Mich. 209 (44 N. W. 52); Campbell v. City of Kalamazoo, 80 Mich. 655 (45 N. W. 652). It was the claim of the plaintiff that, at the place where she was injured, there was a plank out of the walk, and another broken in two, the broken ends resting on the ground between the stringers, and the planks and the stringers were rotten. The declaration, after describing the walk, alleged that the city—
“Knowingly and negligently permitted the same to become out of repair, and to continue out of repair, and to become and remain unsafe and unfit for public travel for a long space of time, to wit, six months, prior to said 29th day of October, and that during all of said time the boards,
Under the repeated decisions of this court, we think the testimony was competent for the purpose of charging the defendant with notice of the condition of the. walk. Strudgeon v. Village of Sand Beach, 107 Mich. 496 (65 N. W. 616); Will v. Village of Mendon, 108 Mich. 251 (66 N. W. 58); Canfield v. City of Jackson, 112 Mich. 120 (70 N. W. 444); Haynes v. City of Hillsdale, 113 Mich. 44 (71 N. W. 466); Rodda v. City of Detroit, 117 Mich. 412 (75 N. W. 939).
The next question calling for our attention is, Was the trial judge justified in submitting to the jury the question of fact whether the plaintiff was entitled to recover the medical expenses for treatment of her injuries? Upon this feature of the case the judge charged the jury as follows :
“Now, in addition to such damages, if you find any, you may consider in connection with the question of the loss of services and her doctors’ bills; and I will say to you if you find, by a preponderance of the evidence in the case, that the plaintiff has paid, or has agreed to pay, the charges for medical treatment for the injuries which she sustained by reason of the negligence of the defendant, out of her own personal estate, and that such expenses were charged to her individually, and she was given sole credit for the same, she would be entitled to recover such sum so expended or incurred for such medical treatment. * * * But before you can allow her anything for her medical treatment and for her loss of services, you must find that the agreement existed between her and her husband that she should have her earnings; and, on the question of her doctors’ bills, you must find first that the credit was given to her solely and individually, without any expectation of coupling somebody else with her in paying the doctors’ bills.”
There was testimony justifying the verdict. The other assignments of error do not call for discussion.
Judgment is affirmed.