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GRUBAUGH v. CITY OF ST. JOHNS

No. 7 January Term 1970, Docket No. 52,309.

384 Mich. 165 (1970)

180 N.W.2d 778

GRUBAUGH v. CITY OF ST. JOHNS

Supreme Court of Michigan.

Decided November 12, 1970.

Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros, Harrigan & Alexander, for plaintiff.

Green & Maples, for defendant.

T.M. KAVANAGH, J.

The primary issue raised below and saved for appeal in this cause is whether the 60-day notice requirement of § 8 of chapter 22 of the general highway statute1 is constitutionally infirm when applied to a plaintiff rendered mentally or physically incapacitated by the alleged tortious act of a state or municipal defendant giving rise to the asserted cause of action. This issue has been alluded to previously by this...

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