Vincent v. Van Blooys

This is appeal (mandamus) to review an order setting aside proceedings for discovery instituted by defendant under Court Rule No. 41 (1931) to enable her to plead to the declaration and prepare for trial.

The declaration alleges in substance that defendant owned an apartment building in Grand Rapids; that decedent was her tenant; that the premises had outdoor toilets, reached by a path from the apartment house; that water came down from a hill back of the lot and made the path icy in cold weather; that defendant assumed the duty to keep the path sanded, free from ice and safe; that while…