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Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Negligence-Duty Of Care-Auctioneer As Owner Or Occupier Of Land, Richard W. Billings S. Ed.
Michigan Law Review
Plaintiff, while attending an auction conducted by defendant, purchased a large kitchen cabinet. As her sons attempted to remove the cabinet, their negligent handling of the piece caused the top half to become dislodged and to fall on the plaintiff, injuring her seriously. Defendant, a veteran auctioneer, was in full control of the auction and the area in which the injury occurred, and had invited the public to attend by means of advertisements. He had offered the sons no assistance, nor had he given the crowd warning of their dangerous activity. On appeal from a judgment for plaintiff, held, …
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Michigan Law Review
A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).