Rogers v. Board of Road Commissioners
Supreme Court of MI - 1947
- P allowed D to place a snow fence on P's property on the condition that it was removed, along with all anchor posts, at the end of each winter.
- D failed to remove an anchor post one year, and P's husband hit the post with his lawnmower, causing his death.
- P sued D for trespass.
- Trial court dismissed P's action (claimed it was negligence, not trespass).
- MI Supreme Court reversed, reinstated P's claim in trespass.
- Is an action brought in trespass valid through the continued presence of a structure on the land after the landowner has terminated his consent to have the property on his land?
- An action brought in trespass is valid through the continued presence of a structure on the land after the landowner has terminated his consent to have the property on his land.
- Failure to remove the posts constituted trespass and proximately caused P's husband's death.
- Consent to enter someone's land may be limited in scope, time, and space.
- Where an injury has occurred as a result of trespass, some courts do not require a showing of forseeability of the injury in order to compensate P.