EVIDENCE - NEGLIGENCE - RES IPSA LOQUITUR - DUTY OF OCCUPIER OF LAND TO USERS OF ADJOINING HIGHWAY

Authors

Michigan Law Review, University of Michigan Law School

Abstract

While seated in his car waiting for a traffic light to change, plaintiff was injured by the precipitation of debris caused by an explosion within the remaining walls of a building which defendant and his servants were razing. During the wrecking operations masses of bricks occasionally fell on a roped-off portion of the sidewalk under which ran two pipes through which gas was delivered to the building. After defendant's servants detected the escape of gas, the gas company removed the meters and plugged the pipes in the cellar. Gas continued to escape, and defendant was informed of its presence by his servants. Testimony indicated that defendant ignored the situation and made no effort to investigate or to abate the danger. Held, (1) defendant is liable for plaintiff's injuries on the theory that the occupier of land has a duty to users of the adjoining highway to keep the premises in a safe condition; (2) the evidence was legally sufficient to carry the case to the jury. Frenkil v. Johnson, 175 Md. 592, 3 A. (2d) 479 (1939).

Recommended Citation

Michigan Law Review, EVIDENCE - NEGLIGENCE - RES IPSA LOQUITUR - DUTY OF OCCUPIER OF LAND TO USERS OF ADJOINING HIGHWAY, 38 Mich. L. Rev. 728 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss5/16