127 Mich. 329 | Mich. | 1901
The defendant has appealed from a verdict and judgment rendered against it in an action for negligence. The plaintiff, a young woman, is alleged to have stepped into a hole in the sidewalk upon one of the streets of the city, existing by reason of the loosening or removal of one or more of the boards of which the walk was constructed.
Under the provisions of the charter, it was essential that a claim should be presented to the common council before suit. See Detroit City Charter, § 86; Springer v. City of Detroit, 102 Mich. 302, 118 Mich. 69 (60 N. W. 688, 76 N. W. 122). Proof of the presentation of a notice to the law department of the city was made. This, described the accident as occurring while she was walking on the sidewalk on the east side of Fifteenth street, between Linden and Poplar streets. It is claimed that this description of the place was not sufficiently definite. The. records of the common council were offered, and showed that a petition was presented by Charles. Gf. Wheeler, on
A more important question relates to the description of the place. We have recently held that, under the circumstances of the case, a limitation of the place to a point in front of a lot in a certain block was sufficient. Here the statement is that it is on a walk on the east side of Fifteenth street, between two other streets; hence, within a distance of not less than a block,—possibly many blocks. But presumptions are in favor of the validity of the action of the trial court, who might lawfully take judicial notice that these were public streets. Porter v. Waring, 69 N. Y. 250. If, therefore, we conclude that this was a limitation to one block, is that sufficiently definite ? In the recent case of Brown v. City of Owosso, 126 Mich. 91 (85 N. W. 256), we held that it was not the object of the lawmakers to require technical accuracy in a notice, and that
Complaint is made of the language of the circuit judge in excluding certain testimony. The defendant’s counsel sought to show by a truant officer that the girl was out nights, and by a physician that she had other ailments, and the judge evidently thought it an attempt to disparage her character. If it be thought that the judicial equilibrium was slightly disturbed, the effect of the offer, if intended to introduce such an element into the case, was w.ell calculated to induce it, for the testimony was not admissible for such a purpose. It is now contended that the offer had another object; but we do not discover that counsel apprised the trial court of such object. Had he done so, the court would doubtless have given full consideration to the question raised. ,
The record shows the following:
“ During the opening argument of plaintiff’s counsel to the jury, defendant’s counsel took exception to the following remarks: * Mr. Hamoard: This crowd of detectives here for the city would as soon besmirch the reputation of a girl or woman, if they could thereby win a verdict. They have brought in here everything which they could find to blacken her reputation, and then they couldn’t prove anything.’ This exception was noted without the court’s ruling upon the remark.”
It is said in plaintiff’s brief, and not contradicted by the supplemental brief of the defendant, that the judge’s attention was not called to these remarks, and the exception was noted without taking the ruling of the court. If. this is so, the defendant is in no situation to raise the point. Bedford v. Penney, 65 Mich. 669 (32 N. W. 888 ); Henry G. Hart Manfg. Co. v. Mann's Boudoir Car Co., 65 Mich. 565 (32 N. W. 820).