ROGERS V. BD. OF ROAD COMMISSIONERS
Sup. Ct. of Mich., 319 Mich. 661, 30 N.W.2d 358 (1948)
NATURE OF THE CASE: This is an appeal from a partial summary judgment that awarded
damages for conversion and dismissed the trespass action.
FACTS: The Board of Road Commissioners (D) obtained a license to place a snow fence on
Rogers' (P) property parallel to the roadway past P's farm. The placement of the snow fence
was on the condition that it be removed in total including the anchor posts at the end of
each winter season when the necessity for a snow fence was no longer needed. The anchor
posts were not taken down by the summer. This was a clear violation of the conditions of the
license. P mowed the field and hit the anchor posts. P died from the injuries sustained from
the encounter. P sued and the action was dismissed because the action was based mainly on
negligence and there was no basis for a finding of trespass and that the defense of
governmental immunity applied to the facts as set forth in the complaint.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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