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GERZESKI v. HIGHWAY DEP'T

Docket Nos. 58322, 58321. (Calendar Nos. 13, 12).

403 Mich. 149 (1978)

268 N.W.2d 525

GERZESKI v. DEPARTMENT OF STATE HIGHWAYS FOUCHIA v. DEPARTMENT OF STATE HIGHWAYS

Supreme Court of Michigan.

Decided July 24, 1978.

Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros & Alexander, P.C., for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Thomas L. Casey, Assistant Attorney General, for defendants.

Decided July 24, 1978. Rehearing denied post, p 956.

FITZGERALD, J. (for reversal).

Justice MOODY has aptly analyzed the semantic difficulties inherent in our nuisance case law. We agree with that analysis insofar as it explains the different methods of classifying nuisance for evidentiary and liability considerations. As an evidentiary question, whether or not the artificial pond in which the two children and the father of one of them drowned was a...

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