Fink v. City of Highland Park

The Court is asked here to apply to a public utility the so-called “2-inch rule”1 which heretofore applied only to municipal corporations. This Court has held in the past, under CLS 1961 § 242.1 (Stat Ann 1958 Rev § 9.591), 2 * that a person cannot, as a matter of law, recover from a municipal corporation for injuries received because of a defect of less than two inches in a city sidewalk.

Plaintiff was injured on August 24, 1964, when he tripped over a 6-inch by 6-inch metal cover plate *174with the word “gas” inscribed thereon, which was located in a public sidewalk in Highland Park. Permission…