Rogers v. Board of Road Com'rs for Kent County
Michigan Supreme Court
30 N.W.2d 358 (1947)
The Board (defendant) had a license to place a snow fence on land owned by Rogers's husband, with an obligation to remove the fence, including anchor posts, at winter's end. The Board removed the fence but left a steel anchor post protruding from the ground, which became hidden as grass grew over it. Months later, while mowing that area, Rogers's husband struck the hidden post with his tractor's mowing bar, was thrown from the tractor, and died from the resulting injuries. Rogers sued for trespass and negligence; the trial court dismissed the trespass claim as really sounding in negligence, and then dismissed the negligence claim based on governmental immunity. Rogers appealed.
Whether a party can bring a cause of action for continuing trespass for a defendant's failure to remove a structure, chattel, or thing placed on another's land under a license, after that license has expired.