Legal Opinion

Rule v. City of Bay City

Michigan Supreme Court

Decided April 6, 1972No. 5 December Term 1971, Docket No. 53,280PublishedCited by 9 opinions

1Per curiam

In its opinion reversing and remanding for new trial, the Court of Appeals noted that by its decision in Howard v Melvindale, 27 Mich App 227 (1970) it had limited the application of the “two-inch rule” to surfaces or objects which are “designed to be walked upon”.

That was indeed a step in the right direction, but for the reasons stated by Mr. Justice Adams in his dissent in Harris v Detroit, 367 Mich 526, 529 (1962), we do not regard it as desirable to continue to enforce the “two-inch rule”.

Accordingly we take this opportunity to advise the Bench and Bar that hereafter we will no longer…

2Cases cited7 opinions

  1. Schedlbauer v. Chris-Craft Corp.Michigan Supreme Court · 1968
  2. Harris v. City of DetroitMichigan Supreme Court · 1962
  3. Baldinger v. Ann Arbor RailroadMichigan Supreme Court · 1964
  4. Perkins v. Township of DelawareMichigan Supreme Court · 1897
  5. Howard v. City of MelvindaleMichigan Court of Appeals · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Robinson v. City of LansingMichigan Supreme Court · 2010
  2. Glancy v. City of RosevilleMichigan Supreme Court · 1998
  3. Ellsworth v. Hotel Corp. of AmericaMichigan Court of Appeals · 1999
  4. Glancy v. City of RosevilleMichigan Court of Appeals · 1996
  5. Robinson v. City of DetroitMichigan Court of Appeals · 1998

4 more not listed; retrieve them via the Exa API.

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