MIDDLECAMP v. CHARLEVOIX CTY. ROAD COMMISSION

Docket No. 8122.

30 Mich. App. 166 (1971)

185 N.W.2d 923

MIDDLECAMP v. CHARLEVOIX COUNTY ROAD COMMISSION

Michigan Court of Appeals.

Decided January 26, 1971.


Attorney(s) appearing for the Case

White, Spaniola, Knudsen & Stariha, for plaintiff.

Clare L. Gillette, for defendant Charlevoix County Road Commission.

Harvey C. Varnum, for defendant Charlevoix County.

Before: HOLBROOK, P.J., and McGREGOR and T.M. BURNS, JJ.


PER CURIAM.

Plaintiff was injured in Charlevoix County when his automobile was struck by a falling tree along the highway. It appears that prior to the accident one of the defendants had been operating a "brush cutter" along the highway and had partially severed the tree, which later fell, injuring the plaintiff.

Originally, plaintiff charged negligence in the maintenance of the highway, but later amended his complaint to charge negligence in the operation...

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