The Law School Authority

Rogers v. Board of Road Com’rs for Kent County Case Brief

Summary of Rogers v. Board of Road Com’rs for Kent County, Supreme Court of Michigan, 1947

Facts: P’s husband had given permission to D to place a snow fence on the P’s property parallel to the road running past P’s farm. D agreed that at the end of the winter season the fence would be removed. At the end of the winter season, the D removed the fence but left behind an anchor post. P’s husband, driving a mowing machine, hits the anchor post, is thrown to the ground and dies. P’s argues that D committed a trespass by not removing the anchor as agreed.

Issue: Whether D committed a trespass when there was permission given to place the anchor posts on P’s land?

Ct’s decision: yes

Rule: If d is authorized to put an object in the P’s land, but then refuses or neglects to remove it when he is suppose to, there will be a trespass.

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