KINSEY v. LAKE ODESSA MACH. PROD.

Docket No. 37, Calendar No. 49,492.

368 Mich. 666 (1962)

118 N.W.2d 950

KINSEY v. LAKE ODESSA MACHINE PRODUCTS.

Supreme Court of Michigan.

Decided December 31, 1962.


Attorney(s) appearing for the Case

O'Connor & Marks (Walter M. Marks, of counsel), for plaintiff.

Gemuend & Barnes (Harry H. Gemuend, of counsel), for defendant.


OTIS M. SMITH, J.

Plaintiff filed his declaration January 16, 1961, alleging negligence by defendant resulting in damage to plaintiff's vehicle. The left rear dual wheel of plaintiff's semitrailer fell into a hole in the public right-of-way within close proximity of defendant's driveway. The hole was for drainage of surface water. Some months before the accident the metal grating had broken. Defendant had placed a metal drum for a lid over the hole. At the time of...

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