While on the way to a bowling alley at 7:15 p.m., plaintiff fell through an open coal hole in the private sidewalk which ran along the rear of defendant's business building. The public used the sidewalk to enter the building and to reach the rear of other stores in the block. There was no evidence as to how the door of the coal hole, which had been closed at 5:30 p.m., was opened. Held, judgment for plaintiffs reversed and judgment entered for defendant, two justices dissenting. Plaintiff failed to prove that the door in question was open a sufficient length of time before the accident to charge defendant with knowledge that the door was open. Moore v. Traverse City Masonic Building Association, 324 Mich. 507, 37 N.W. (2d) 457 (1949).
Lewis R. Williams, Jr.,
NEGLIGENCE-"COAL HOLE" CASES-CONSTRUCTIVE NOTICE ARISING FROM CONDITION OF THE PREMISES-FAILURE TO LOCK AS EVIDENCE OF NEGLIGENCE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss5/19