KRAUS V. BOARD OF COUNTY ROAD COMMISSIONERS
364 F.2d 919 (6th Cir. 1966)
NATURE OF THE CASE: This was a wrongful death action.
FACTS: Kraus (P) sued the Board (D) for wrongful death from an auto accident in that D
failed to keep the roads in reasonable repair. D defended the claim in that P failed to give
written notice of the claim within 60 days of the accident as provided by Michigan statute.
A motion for summary judgment by D was overruled in that the statute did not apply to a
wrongful death action. The court certified the ruling for an immediate appeal under 1292
(b).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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