CRUZ v. CITY OF SAGINAW

Calendar No. 40, Docket No. 49,623.

370 Mich. 476 (1963)

122 N.W.2d 670

CRUZ v. CITY OF SAGINAW.

Supreme Court of Michigan.

Decided July 17, 1963.


Attorney(s) appearing for the Case

John W. Piggott and Lyle M. McCormick (Peter F. Cicinelli and Eugene D. Mossner, of counsel), for plaintiff.

W. Vincent Nash, City Attorney (Kerr & Stroebel, of counsel), for defendant.


PER CURIAM:

Plaintiff sued the defendant city for injuries sustained November 7, 1959, when he allegedly tripped and fell upon encountering a hole in the asphalt pavement of 1 of the city streets, opposite 1 of the city's parking lots, at a regular pedestrian crossing. The case was tried to the court. At close of plaintiff's proofs defendant moved for judgment in its favor alleging:

1. Defendant did not have notice, either actual or constructive, of the existence...

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