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ELBERT v. CITY OF SAGINAW

Docket No. 11, Calendar No. 48,100.

363 Mich. 463 (1961)

109 N.W.2d 879

ELBERT v. CITY OF SAGINAW.

Supreme Court of Michigan.

Rehearing denied September 21, 1961.

Attorney(s) appearing for the Case

van Benschoten & van Benschoten, for plaintiff.

W. Vincent Nash, City Attorney (William A. Boos, Jr., of counsel), for defendant City of Saginaw.

Stanton & MacKenzie (Stanton, Taylor & McGraw, on application for rehearing), for defendant Fattore Company.

DETHMERS, C.J. (dissenting).

Plaintiff's ward, his son, while 2 years and 8 months of age, fell into a water-filled street excavation 4 feet deep, 4 feet wide, and 16 feet long, sustaining personal injuries. Defendant Fattore Company had made and maintained the excavation under a contract with defendant city to lay water mains. Suit is for damages resulting from the injuries. The jury returned a verdict of no cause for action. From an order denying plaintiff...

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