Keech v. Clements
| Decision Date | 09 September 1942 |
| Docket Number | No. 27.,27. |
| Citation | 303 Mich. 69,5 N.W.2d 570 |
| Parties | KEECH v. CLEMENTS et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Action by Jennie Keech against Edna Jane Clements and others, copartners doing business as Hotel Victory, for personal injuries. From a judgment for defendants, plaintiff appeals.
Reversed and remanded.
Appeal from Circuit Court, Wayne County; George Murphy, Judge.
Before the Entire Bench, except WIEST, J.
Bloom & Bloom, of Detroit, for appellant.
Kerr, Lacey & Scroggie, of Detroit, for appellees.
Plaintiff brought an action to recover damages for personal injuries sustained on the night of February 18, 1940, by falling in the vestibule of defendants' hotel situated on the corner of Randolph street and Jefferson avenue in the city of Detroit. At the close of plaintiff's proofs and upon motion of defendants, the court directed the jury to bring in a verdict in favor of the defendants. Plaintiff appeals.
Defendants are the owners of the Hotel Victory. This hotel has two vestibules for the purpose of ingress and egress, one is built-out and fronts on Randolph street and the other faces Jefferson avenue. The Jefferson avenue vestibule, where the accident took place, is about four by five feet in size and has two wooden doors with glass panels. One door swings out towards the street and the other door opens into the lobby. The partitions are of glass from above the door to a wooden base which is about eight or ten inches above the floor with a moulding or casing around the bottom. The floor is constructed of marble or tile and worn to a certain extent. The vestibule is so constructed that it retains water or slush that may from time to time accumulate there.
There was an electric light fixture installed in the vestibule, but at the time of the accident the light was not burning. The only light that entered the vestibule came from two floor lamps in the lobby and a small light at the office desk. On the day in question snow had fallen and an accumulation of slush an inch deep lay upon the vestibule floor.
Plaintiff, a married woman, was visiting friends in Detroit who were registered guests at defendants' hotel. At about the hour of 6:30 p.m., on the day in question, plaintiff and her friends entered the hotel by the Randolph street vestibule where there was a mat on the floor. In a short time they left the hotel through the same vestibule and went to a near-by restaurant where they had dinner. They stayed at the restaurant until about 9 p.m., when they returned to the hotel, entering it by the Jefferson avenue entrance. Upon entering the vestibule, plaintiff ell and suffered injuries because of which she was unable to work for a period of 15 weeks.
Plaintiff contends that there was a large accumulation of snow, slush, ice and other substances on the vestibule floor that had laid there long enough to become muddy and black; that she was prevented from seeing the condition of the floor due to darkness in the vestibule; and that an unusual and hazardous condition existed.
Defendants rely upon Oppenheim v. Pitcairn, 293 Mich. 475, 292 N.W. 374, 375, to support their claim that plaintiff has failed to prove any negligence on the part of defendants. In that case plaintiff slipped on a smooth terrazzo floor of a railroad depot. The accident occurred in the afternoon. The floor was wet and slushy. In affirming a directed verdict for defendant, we said:
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Krass v. Tri-County Sec., Inc.
...supra at 457, 442 N.W.2d 679.]6 See, e.g., Frederick v. Detroit, 370 Mich. 425, 121 N.W.2d 918 (1963).7 See, e.g., Keech v. Clements, 303 Mich. 69, 5 N.W.2d 570 (1942).8 See, e.g., Bradley v. Stevens, 329 Mich. 556, 46 N.W.2d 382 (1951).9 In support of this proposition, the Court cited Pros......
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Quinlivan v. Great Atlantic & Pacific Tea Co., Inc.
...to establish the liability of the landowner where the injuries are sustained either in the vestibule of a building, Keech v. Clements, 303 Mich. 69, 5 N.W.2d 570 (1942), or on a sloping terrazzo walkway leading from the store to a public sidewalk, DeSmit v. J. C. Penney Company, 369 Mich. 5......
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Stiver v. Parker
...undertaking." Among other special relationships recognized by Michigan law are the following: innkeeper to guest, see Keech v. Clements, 303 Mich. 69, 5 N.W.2d 570 (1942); employer to employees, see Bradley v. Stevens, 329 Mich. 556, 46 N.W.2d 382 (1951) and Blake v. Consolidated Rail Corp.......
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Grandberry-Lovette v. Garascia
...prudent” premises possessor would exercise under similar circumstances to protect his or her invitees. See Keech v. Clements, 303 Mich. 69, 73, 5 N.W.2d 570 (1942); Oppenheim v. Pitcairn, 293 Mich. 475, 477–478, 292 N.W. 374 (1940) (stating that negligence may arise from the premises posses......