Logourl black
From our private database of 14,000+ case briefs...

Rogers v. Board of Road Com'rs for Kent County

Michigan Supreme Court
30 N.W.2d 358 (1947)


Facts

The Board of Road Commissioners for Kent County (Board) (defendant) had a license agreement to place a snow fence on land owned by Rogers’s (plaintiff) husband.  The Board set up the snow fence pursuant to the license agreement. Under the license agreement, the fence, including the anchor posts, would be removed by the Board at the end of the winter season. At the end of one winter season the Board removed the snow fence but did not remove a steel anchor post that protruded six to eight inches above the ground. The grass in the area where the post was located grew to a height that completely hid the post from one’s view. On one particular day in July, while Rogers’s husband was mowing an area where the snow fence had been located, the mowing bar on her husband’s tractor struck the steel post that was hidden from view. As a result of the impact, Rogers’ husband was thrown from the seat of the tractor. Rogers’ husband died from the accident. Rogers sued the Board for trespass and negligence. The court dismissed Rogers’ trespass claim finding that her entire claim was actually a claim based on negligence and not trespass. The court subsequently dismissed Rogers’ negligence claim based on the Board’s defense of governmental immunity. Rogers appealed to the Supreme Court of Michigan. 

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Reid, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 202,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.