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| Jones v. City of Detroit, 137 NW 513 (1912). The plaintiff passenger in an automobile was injured when the auto hit a depression in the road. The depression was 3 inches deep and as wide as a washtub. Judgment for defendant city affirmed. From the court's opinion: "But it is argued by plaintiff that, conceding the greatest depth was only 3 inches, it was still a question of fact, under all the circumstances, whether the street was in reasonable repair; and therefore the case should have been submitted to the jury. The statute is aimed at a condition of reasonable repair, not one of perfect repair. It is hardly probable that the Legislature of 1879, which enacted the law, nor the Legislature of 1887, which re-enacted it, had in mind that by so doing it would make municipalities liable for such holes or depressions in the roadways of the state. It is true that a pavement with several of such holes might make it jolty and unpleasant to ride over, but would not render it unsafe, if it were used as a highway is ordinarily used. Depressions of 3 inches in a country road would not render it unsafe, and, if not, why should they make a pavement unsafe? Nearly all highways have more or less rough and uneven places in them, over which it is unpleasant to ride; but because they do it does not follow that they are unfit and unsafe for travel. The most that can be said for the testimony in this case is that it established the fact that the pavement on that part of Jefferson avenue was rough, and called for more careful driving than did other portions of it. Had plaintiff's driver recognized this, he doubtless would have passed over it in safety, as hundreds of others were doing daily." | ||||
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