Heward v. Borieo

At the close of plaintiffs’ opening statement, defendant’s motion for summary judgment on the ground that plaintiffs had failed to state a claim upon which relief could be granted, GrCR 1963,117.2(1), was granted. Plaintiffs appeal.

Plaintiffs rented a cottage from defendant for a period commencing July 16, 1964, and extending to July 23, 1964. On July 17, 1964, at about 11 p.m., Mrs. Heward, after swimming and changing her clothes, went in back of the cottage to hang up her swimsuit. A clothesline was strung between two trees, one at the top of an incline and the other at the bottom, and the…