Menard v. City of Bay City

Plaintiff, while walking about noon on a sidewalk of the defendant city, stumbled and fell. The walk consisted of plank five feet long and six inches wide, nailed to two stringers, which ran parallel to the street. The ends of the plank projected about a foot from the stringers. She was walking on the outside of the walk, and one Irwin Rood was passing her, going in the same direction. Rood, when about opposite to her, stepped upon the end of a plank, which had in some way been split in two lengthways. The other end of the plank flew up, and she fell over it. At the conclusion of the evidence…