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MAKI v. CITY OF EAST TAWAS

No. 17 January Term 1971, Docket No. 52,539.

385 Mich. 151 (1971)

188 N.W.2d 593

MAKI v. CITY OF EAST TAWAS

Supreme Court of Michigan.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros, Harrigan & Alexander, for plaintiff.

Michael N. Freel, City Attorney, and Egloff, Mainolfi, Taylor, McGraw & Collison, for defendant.

T.G. KAVANAGH, J.

In December of 1965, the plaintiff, Leo Maki, went to the defendant's city dump to discard some refuse. He dumped the refuse at an area designated by the attendant city employee and then remained to talk to the attendant. While inquiring about a bicycle part, a small explosion occurred in a nearby refuse fire and the plaintiff was struck in the left eye by what appeared to be a .22 caliber bullet.

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