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Leslie v. City of Grand Rapids, 78 NW 885 (1899). A bicyclist riding on a heavily used street hit a hole, 2 1/2 feet by 2 feet and 2 or 2 1/2 inches deep. Judgment for defendant city affirmed. From the court's opinion: "It appears, without contradiction, that it [the road] was in reasonably safe and fit condition for ordinary vehicles, such as wagons and carriages. It has been held in this state, and in others, that a bicycle is a vehicle; but the question has never before been presented in this state whether, under this statute, the steets must be kept in a reasonably safe condition for this class of vehicles. When the amendment to the statute was passed in 1887, this class of vehicles was in use only to a limited extent, and we do not think the legislature had this class of vehicles in mind, or intended to place the burden upon townships and cities to keep their roads and streets in a safe condition for them. Reasonable care in the construction and maintenance of highways for ordinary vehicles, such as wagons and carriages, is the measure of duty resting upon municipalities."
The court also quoted the following from a New York case: "'It is apparent that a bicycle rider upon an ordinary country road is exposed to greater dangers than a person riding in a wagon, and the great increase in the number of persons using these vehicles has created a demand for better and safer roads; but, under the present highway laws, a road in a condition which is reasonably safe for general and ordinary travel is all that the commissioners of highways are bound to maintain.'" |
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