Rolf v. City of Greenville

• Decision Date: 07 December 1894
• Citation: 61 N.W. 3,102 Mich. 544
• Court: Michigan Supreme Court
• Parties: ROLF v. CITY OF GREENVILLE.

61 N.W. 3

102 Mich. 544

ROLF v. CITY OF GREENVILLE.

Supreme Court of Michigan

December 7, 1894

Error to circuit court, Montcalm county; Frank D. M. Davis, Judge.

Action by Charlotte Rolf against the city of Greenville. There was a judgment for defendant, and plaintiff brings error. Affirmed.

Ellsworth & Rarden, for appellant.

N. O. Griswold, for appellee.

GRANT, J.

Plaintiff's claim for damages is based upon the allegation of negligence "that Franklin street, one of the most public streets in the city, was dangerous and unsafe for public travel for pedestrians, and so rendered unsafe by a heavy snow which had fallen many days previous to the accident, had been tramped and beaten down by the school children and others walking thereon when the snow was soft, after which rain and warm days had melted it from the sides of said sidewalk, leaving the center thereof uneven and irregular ice, much higher than the center of said sidewalk." A demurrer was interposed and sustained. The case is expressly ruled by McKellar v. Detroit, 57 Mich. 158, 23 N.W. 621. Discussion is unnecessary. Judgment affirmed. The other justices concurred.