Rogers v. Bd. Of Road Commissioners Sup. Ct. Of Mich.,

319 Mich. 661, 30 N.W.2d 358 (1948)

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Nature of the Case

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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.