Heider v. Michigan Sugar Co.

I am unable to agree with Justice Kelly that the trial court misinterpreted Lyshak v. City of Detroit, 351 Mich 230, or Nielsen v. Henry H. Stevens, Inc., 359 Mich 130. The trial judge found:

“Defendant company certainly was carrying on a legitimate business enterprise on its own premises. It was quite clear from all the evidence in the case, however, that an extremely deceptive and treacherous condition existed in the surface of the ice around the pipe discharging water into the pond. Defendant easily could have employed some sort of .a warning device and sign to serve as a notice or caution…