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MAILLAT v. VILLAGE OF MARCELLUS

Docket No. 23, Calendar No. 44,671.

329 Mich. 370 (1951)

45 N.W.2d 325

MAILLAT v. VILLAGE OF MARCELLUS.

Supreme Court of Michigan.

Decided January 8, 1951.

Attorney(s) appearing for the Case

Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, and Daniel J. O'Hara, Assistant Attorney General, for State Treasurer.

L.J. Carey and Geo. J. Cooper, for defendants.

BUSHNELL, J. (dissenting).

Henry E. Maillat, a 75-year-old widower, worked as a night watchman for defendant village of Marcellus. About 10 p.m. on December 13, 1947, he was found unconscious in front of the Marcellus Lumber Company. There was ice on the cement walk where he was lying. He was taken to the hospital and died within a few hours. An autopsy disclosed a fracture at the base of the skull and a massive cerebral hemorrhage.

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