Home/Michigan Supreme Court/Krause v. Lewis

Krause v. Lewis

108 N.W. 417, 144 Mich. 549, 1906 Mich. LEXIS 1089
CourtMichigan Supreme Court
DecidedJuly 3, 1906
DocketDocket No. 54
StatusPublished
Cited by2 cases

This text of 108 N.W. 417 (Krause v. Lewis) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krause v. Lewis, 108 N.W. 417, 144 Mich. 549, 1906 Mich. LEXIS 1089 (Mich. 1906).

Opinion

Montgomery, J.

Plaintiff brought this action to recover for injuries received by falling into an open area opening upon a platform in an alleyway adjoining defendants’ premises in the village of Ithaca. The circuit judge directed a verdict for defendant, and plaintiff brings error.

The appended map will be an aid to an understanding of the situation. An alleyway extends from the westerly ■side of defendants’ store building 32 feet west. This .alleyway has been used by the general public at will for [551]*551many years. About 1892 or 1898 defendants built a platform on the alley. This platform originally extended from the head of or entrance to the basement staircase in the alley to a point just south of the side entrance from the alley to their building, and was later extended north to a point about one foot south of the north end of their building. This platform was built for the storage of salt, which they bought by the car load, and has always been used by them to store salt and pile wood on, as well as for unpacking goods and “ generally for the convenience of the use of our building.” Later the defendants constructed a double plank margin or addition along the west edge of this platform, partly for the purpose of keeping water from running under the platform and into the cellar, and partly to make a substantial edge to back wagons against in loading and unloading goods, salt, etc. The north end of the platform was frequently covered with boxes from which goods had been unpacked, so as •to render the platform impassable for walking purposes for weeks at a time, and the remainder of the platform was also so covered that it was impossible to use it to walk upon for weeks at a time. Later, defendants built a narrow walk, leading from the south end of the platform at the head -of the basement stairs, along the alley side of the cellar stairs, to the front to a point opposite the approach to the stairway leading upstairs, but stopping a foot short of the south end of their store building. This walk was built simply and solely for the accommodation of defendants and their clerks in going from the store to and down the outside cellar stairs, and for their upstairs ten-. ants in going back along the side of the stairs to get their wood which was thrown there. These tenants had their wood thrown from farmers’ wagons under the stairs to the south of the basement stairs, and for weeks at a time this wood so covered the narrow walk as to make it impassable, and requiring defendants to go out in the road part of the alley to get by.

[550]*550

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Related

Comstock v. Wheelock
234 N.W.2d 448 (Michigan Court of Appeals, 1975)
Kirby Terminal Co. v. City of Detroit
63 N.W.2d 601 (Michigan Supreme Court, 1954)

Cite This Page — Counsel Stack

Bluebook (online)
108 N.W. 417, 144 Mich. 549, 1906 Mich. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krause-v-lewis-mich-1906.