KRAUS v. BOARD OF COUNTY ROAD COM'RS FOR COUNTY OF KENT

Civ. A. Nos. 4360, 4365.

236 F.Supp. 677 (1964)

Joyce M. KRAUS, Special Administrator of the Estate of Kenneth Kraus, Deceased, Plaintiff, v. BOARD OF COUNTY ROAD COMMISSIONERS FOR the COUNTY OF KENT and Board of County Road Commissioners for the County of Newaygo, jointly and severally, Defendants. Joyce M. KRAUS, Plaintiff, v. BOARD OF COUNTY ROAD COMMISSIONERS FOR the COUNTY OF KENT and Board of County Road Commissioners for the County of Newaygo, jointly and severally, Defendants.

United States District Court W. D. Michigan, S. D.

December 30, 1964.


Attorney(s) appearing for the Case

Bergstrom, Slykhouse & Van Orden, Grand Rapids, Mich., Richard M. Van Orden, Grand Rapids, Mich., of counsel, for plaintiff.

Allaben & Massie, Grand Rapids, Mich., Sam F. Massie, Jr., Grand Rapids, Mich., of counsel, for Newaygo County Board of Road Com'rs.

Cholette, Perkins & Buchanan, Grand Rapids, Mich., William D. Buchanan, Grand Rapids, Mich., of counsel, for Kent County Board of Road Com'rs.


FOX, District Judge.

The question presented by this motion is whether or not Michigan Statutes Annotated, § 9.121 [Comp.Laws 1948, § 224.21, Pub.Acts 1951, No. 234], requiring written notice to the Board of County Road Commissioners of claims against them for injuries caused by defective roads within sixty days of the date of injury, applies in actions brought under Michigan Statutes Annotated, § 27A.2922, the Wrongful Death Act [Comp. Laws 1948, &...

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