GOUCH v. GRAND TRUNK WESTERN RAILROAD CO.

Docket No. 117431.

187 Mich. App. 413 (1991)

468 N.W.2d 68

GOUCH v. GRAND TRUNK WESTERN RAILROAD COMPANY

Michigan Court of Appeals.

Decided February 19, 1991, at 9:10 A.M.


Attorney(s) appearing for the Case

Goodman, Lister, Seikaly & Peters, P.C. (by Richard M. Goodman, Jonathan L. Walker, and Thomas W. Stephens), for the plaintiff.

Foster, Meadows & Ballard, P.C. (by Richard A. Dietz), for the defendant.

Before: HOLBROOK, JR., P.J., and CYNAR and WEAVER, JJ.


HOLBROOK, JR., P.J.

Defendant appeals as of right from an order of the Wayne Circuit Court denying its motion for a directed verdict on plaintiff's attractive nuisance claim. We reverse.

On March 22, 1981, seven boys between the ages of thirteen and fifteen were walking along the right of way of defendant's elevated railroad track on the northeast side of Detroit. The boys were residents of the neighborhood surrounding the tracks and were accustomed to playing...

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