Merrifield v. Village of Paw Paw

The removal of a pole, and subsequent failure to completely fill up the hole it was planted in, left an opening extending about one foot into the sidewalk and variously estimated to be from 1% to 5 inches deep, in the walk on a main street in the village of Paw Paw, Michigan. One bright day, October 5, 1934, at about 3 p. m., plaintiff stepped into this hole, stumbled, fell and suffered injuries. On November 27, 1934, he presented to the village of Paw Paw a claim for damages amounting to $2,675. He signed both the claim and the “affidavit” to the claim. The jurat, which appeared at the…