DocketNumber: Docket No. 146
Citation Numbers: 143 Mich. 700
Judges: Blair, Grant, McAlvay, Montgomery, Moore
Filed Date: 4/30/1906
Status: Precedential
Modified Date: 9/8/2022
{after stating the facts).
“Street commissioners, * * * having special charge of highways, streets, bridges, sidewalks, cross-walks and*702 culverts, and the care or repairing thereof are hereby made and declared to be the officers of the village, * * * and shall be subject to the general direction of such township, village, city, etc.” 1 Comp. Laws, § 3443.
By section 2744 it is made the duty of the street commissioner to perform such labor, repairs, etc., upon streets, sidewalks, etc., as the council shall direct, and to oversee and do whatever may be required of him in relation thereto by the council.
It is true that the law does not expressly provide that the street commissioner shall give notice to the common council of defects in streets and sidewalks that come to his knowledge. It is also true that he cannot of his own motion make repairs. He is, however, the proper officer to look after the streets, and to be notified of defects. Re.gardless of any express provision of the statute, it his duty, ■upon being notified of defects, to inform the common •council, in oi’der that they may be remedied. The very name “street commissioner” implies that he is the proper ■channel through whom the council may be informed of defective streets and sidewalks. The case of Corey v. City of Ann Arbor, 134 Mich. 376, does not apply. In that •case it was held that a patrolman and city clerk had nothing whatever to do with the streets, and therefore notice or knowledge to them was no notice or knowledge to the •city. The street commissioner testified that, whenever he heard that a sidewalk was out of repair, he notified the street committee, and that in this instance he did notify the committee.
Judgment affirmed.