Burtis v. Davison
Michigan Supreme Court
Error to Genesee; Stevens, J. Case by Anna Burtis against Mathew Davison for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant is the owner of the Davison Block, situate in the city of Flint. This block is a three-story brick building facing South Saginaw street. The ground floor is divided into three stores. The second and third floors are used for flats or living rooms.
Read the full summary
Error to Genesee; Stevens, J. Case by Anna Burtis against Mathew Davison for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant is the owner of the Davison Block, situate in the city of Flint. This block is a three-story brick building facing South Saginaw street. The ground floor is divided into three stores. The second and third floors are used for flats or living rooms. There is one common stairway used by all tenants occupying the second and third floors of the building leading from South Saginaw street to the second floor. At the east or rear end of the building…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant offered the testimony of himself and his agent, Mr. Myers, tending to. prove that frequent inspections were made of the premises, including the railing which fell. Based, we presume, largely upon this testimony, ■defendant claims that he was entitled to a directed ver*17diet upon the ground that no negligence or breach of duty had been shown.
With this contention we are unable to agree. It is our opinion that considering the character of the construction, the use to which porch railings are ordinarily put, and the knowledge possessed on the part of the…
2Cited by1 opinion
- Annis v. BrittonMichigan Supreme Court · 1925