Cates v. Parker

Decided July 1, 1882

Michigan Superior Court, Detroit · decided 1882-07-01

Action on the case. Defendant demurred to the plaintiff’s declaration. Defendant owned a building on Jefferson avenue, Detroit. The ground floor was occupied as a store. Dooms on the three upper floors were rented to different roomers. Plaintiff and her husband rented rooms on the second floor. In the rear yard a post was erected near the building. A platform attached to the building extended out to the post.

Decided 1882-07-01

¶1The Court,

Chirm an J.,

¶2overruled the demurrer on this ground, and this was the only point in the case.

¶3On the trial the plaintiff and defendant offered their resjDective proofs. Not a single exception was taken during the trial, and the only request to charge was that the plaintiff had made out no case, on the ground above referred to. This request was refused. The whole point in the case was therefore as described.

¶4Yerdict for the plaintiff for $2,500.

¶5Defendant afterward paid plaintiff $2,000 and costs rather than take his chance of reversing the judgment in the Supreme Court.