Swanson v. City of Marquette

These are other negligence actions dismissed upon motions, without answer or trial. They involve claims for the injuries and medical expenses of an 8-year-old boy who was seriously burned by coming into contact with high-voltage equipment of defendant’s public lighting commission.

In appeals from such dismissals, we, of course, accept as true all well-pleaded facts in the declaration.

Appellant’s amended declarations recite that on March 5, 1955, defendant city of Marquette “owned, maintained and operated for profit an electric public utility supplying electrical energy to the city,” and that…