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SMITH v. CITY OF DETROIT

No. 7 September Term 1972, Docket No. 51,164.

388 Mich. 637 (1972)

202 N.W.2d 300

SMITH v. CITY OF DETROIT SWARTHOUT v. BEARD

Supreme Court of Michigan.

Decided November 29, 1972.

Attorney(s) appearing for the Case

Leonard C. Jaques (Jerome G. Quinn, of counsel), for plaintiff Smith.

Michael M. Glusac, Corporation Counsel, and John F. Hathaway and Maureen P. Reilly, Assistants Corporation Counsel, for defendant City of Detroit.

van Benschoten & van Benschoten, P.C., for plaintiff Swarthout.

Early, Starbuck & Lennon (Carl H. Reynolds, of counsel), for defendant Sarvis.

SWAINSON, J.

Both of these cases involve the issue of the validity of the Breckon decision1 in wrongful death actions. They have been consolidated for purposes of this opinion because they involve basically the same issues.

SMITH v CITY OF DETROIT

On April 28, 1968, nine-year-old Gary Smith was killed when he fell off a playground apparatus in an upside down position...

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