Grooms v. Union Guardian Trust Co.

• Decision Date: 11 September 1944
• Docket Number: No. 64.,64.
• Citation: 309 Mich. 437,15 N.W.2d 698
• Parties: GROOMS v. UNION GUARDIAN TRUST CO.
• Court: Michigan Supreme Court

309 Mich. 437

15 N.W.2d 698

GROOMS

v.UNION GUARDIAN TRUST CO.

No. 64.

Supreme Court of Michigan.

Sept. 11, 1944.

Action by Katherine Grooms against Union Guardian Trust Company for injuries sustained from fall on icy sidewalk. From a judgment for defendant, the plaintiff appeals.

Affirmed.

Appeal from Circuit Court, Wayne County; Joseph A. moynihan, judge.

Before the Entire Bench.

Roxborough & Taliaferro, of Detroit, for appellant.

Clark C. Coulter, of Detroit (Victor H. Hampton, of Detroit, of counsel), for appellee.

SHARPE, Justice.

This is an action instituted by Katherine Grooms, plaintiff, against the Union Guardian Trust Company, as defendant, for the recovery of damages for an injury sustained by plaintiff on the 14th day of March, 1940.

The record shows that on the day in question plaintiff fell on a sidewalk adjacent to or near the vicinity of premises known as 8339 Oakland Avenue, in the city of Detroit, as the result of an accumulation of snow and ice, and was severely injured. The record also shows that the ordinance in effect in the city of Detroit on the day in question in so far as it is material in this action, reads as follows:

‘Chapter 197, Compiled Ordinances:

‘Sec. 1: No person, firm or corporation shall permit any snow or ice to remain on the sidewalks in the front, rear or sides of any house, premises, building or lot owned, occupied or controlled by him or it, longer than 24 hours after it has fallen or formed; and where either has fallen or formed on any such sidewalk, such owner, occupant or agent as above provided shall, within 24 hours after the same had fallen or formed, remove said snow or ice, or cause a sufficient quantity of salt, sand or ashes to be strewn thereon in such manner as to render the same safe for purposes of walking thereon.

‘For the purpose of this ordinance, the phrase ‘sidewalks in the front, rear or side of any house, premises, building or lots' shall be construed to mean that sidewalks or walks forming a part of the public highway. (Approved February, 1925, effective March 6th, 1925.)

‘Chapter 201, Compiled, Ordinances: (Effective September 3, 1926, Ordinance 249-B).

‘Sec. 11: When ice and snow have accumulated on sidewalks and it is impossible to remove them by usual methods, sawdust, sand, ashes or cinders may be sprinkled in sufficient quantities to make such sidewalks safe for traffic, etc.

‘Fine: $100 or 30 days in Detroit House of Correction, or both such fine and imprisonment.’

It also appears that from July 12, 1927, to November 15, 1939, the defendant acted as trustee under an agreement with Frank S. Werneken in the management of certain property owned by him, including the property known as 8339 Oakland Avenue. This agreement was terminated by the death of said Frank S. Werneken on November 15, 1939. Subsequently, and on January 15, 1940, an agreement was entered into between defendant and Frank E. Werneken, Helen Werneken, Marguerite E. Tilton and Maude W. Taylor, who acquired title to all property held under the agreement with said Frank S. Werneken at the time of his death, whereby said defendant was to continue to manage said property for the above named persons.

On April 10, 1935, an application for tenancy was made to defendant trustee by Robert Boutry and Lula Boutry, his wife, and accepted by defendant, as agent of Frank S. Werneken, for the premises known as 8339 Oakland Avenue, in the city of Detroit, which application for tenancy provided:

‘2. Not to use the premises in contravention of any law or any police or sanitary regulation imposed by any...