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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