Trbovich v. City of Detroit , 378 Mich. 79 ( 1966 )

O’Hara, J.

(concurring in affirmance). I concur-in Mr. Justice Black’s result on the ground that the right of action here asserted is statutory, and to accrue it must possess all the statutory elements. Notice is an essential element. That this requirement in this case brings about a harsh result I regret, but this does not alter my judicial duty as I conceive it.

T. M. Kavanagh, C. J., and Kelly and Adams, JJ., concurred with O’Hara, J.