Maillat v. Village of Marcellus

329 Mich. 370 (1951)

45 N.W.2d 325

MAILLAT

v.

VILLAGE OF MARCELLUS.

Docket No. 23, Calendar No. 44,671.

Supreme Court of Michigan.

Decided January 8, 1951.

Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, and Daniel J. O'Hara, Assistant Attorney General, for State Treasurer.

L.J. Carey and Geo. J. Cooper, for defendants.

BUSHNELL, J. (dissenting).

Henry E. Maillat, a 75-year-old widower, worked as a night watchman for defendant village of Marcellus. About 10 p.m. on December 13, 1947, he was found unconscious in front of the Marcellus Lumber Company. There was ice on the cement…