Herrick v. Wixom

80 N.W. 117 (1899)

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Herrick v. Wixom

Michigan Supreme Court
80 N.W. 117 (1899)

Facts

Frank Herrick (plaintiff) went to the circus with his son. Martin Wixom (defendant) owned and operated the circus. Wixom’s son worked at the entrance selling tickets. Herrick claims that Wixom’s son invited Herrick and his son into the show. Herrick sat about 30 feet from where the show took place. During the show, a clown set off a firecracker. The firecracker hit Herrick in the eye. Herrick lost sight in his eye due to his injuries. Herrick brought suit against Wixom. At trial, Wixom claimed that Herrick was not invited into the circus tent and that Herrick was a trespasser. The trial judge instructed the jury that if they found that Herrick was trespassing then Wixom owed him no duty and he was not entitled to recovery. The trial court found in favor of Wixom. Herrick appealed.

Rule of Law

Issue

Holding and Reasoning (Montgomery, J.)

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