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Nuisance Contributory Negligence As Defense, Michigan Law Review
Nuisance Contributory Negligence As Defense, Michigan Law Review
Michigan Law Review
Plaintiff brought action against the county for injuries sustained when his truck fell into an unlighted and unguarded excavation made by the county in the center of the highway for the purpose of repairing a culvert. Held, that defendant's act, though required by statute, was done in such a manner as to constitute active wrongdoing and a public nuisance, to which a plea of contributory negligence is no defense. Hammond v. Monmouth County, (N. J. S. Ct. 1936) 186 A. 452.