Ebel v. Saginaw County Board of Road Commissioners

With Division 3 (21 Mich App 103) I agree that plaintiff failed to make out a cause submissible under his pleaded theory of recovery, and that the verdict of the jury and the judgment of the circuit court should for that reason lie sustained.

The pedestal supporting this grade-crossing warning signal, said by plaintiff as having constituted an actionable nuisance, was constructed and maintained by the defendants in specific accord with a valid *609order of the Public Service Commission, and it is difficult to perceive how or by what lawful means defendants might have proceeded otherwise, the…