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JOHNSTON v. HARRIS

No. 5 March Term 1972, Docket No. 53,293.

387 Mich. 569 (1972)

198 N.W.2d 409

JOHNSTON v. HARRIS

Supreme Court of Michigan.

Decided June 20, 1972.

Attorney(s) appearing for the Case

Charfoos, Charfoos & Gruber, for plaintiff.

Garan, Lucow, Miller, Lehman, Seward & Cooper (by Ronald C. Winiemko), for defendants.

Amicus Curiae:

Wayne County Neighborhood Legal Service Centers, Inc. (by Craig Colby).

Michigan Legal Services Assistance Program (by Robert L. Reed).

T.M. KAVANAGH, C.J.

Plaintiff was an elderly tenant in decedent's four-unit apartment building located in the Detroit inner city. Returning home at about 7:30 p.m. on October 7, 1965, plaintiff approached the front door. As he reached for the doorknob, the door was jerked open and he was assaulted, struck and robbed by an unknown youth who was lurking in the poorly lighted, unlocked vestibule.

Plaintiff commenced...

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