Flater v. Fey

Sherwood, 0. J.

The plaintiff seeks to recover damages of the defendants for personal injuries received by falling into a ditch dug by the defendant Fey across a sidewalk in front of his premises in the city of Detroit, and left in an unguarded and dangerous condition. No question is made upon the pleadings. The cause was tried in the Wayne cir*645cuit court, and the circuit judge directed a verdict for the defendants. The plaintiff brings error.

From the record it appears that about five days before the plaintiff received his injury the city gave the defendant Fey a written notice to repair his…