EVELYN DORIS SMALLEY V PIZZA CRUST CO
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STATE OF MICHIGAN
COURT OF APPEALS
EVELYN DORIS SMALLEY and BRUCE
DARWIN SMALLEY,
UNPUBLISHED
Plaintiffs-Appellees,
v
No. 191340
Ingham Circuit Court
LC No. 94-077311-NO
PIZZA CRUST COMPANY, INC.,
Defendant-Appellant.
Before: Michael J. Kelly, P.J., and Reilly and Jansen, JJ.
MICHAEL J. KELLY, P.J. (concurring).
I concur in the result, principally because, on this record, I am unable to determine the
dimensions of the sidewalk and curb. If the snow shoveled by defendant off the sidewalk in front of its
place of business was deposited in the space between the sidewalk and the street, I believe defendant
would have been entitled to a directed verdict. See Hutchinson v Ypsilanti, 103 Mich 12, 14; 61 NW
279 (1894) (observing that the removal of snow from city sidewalks and streets “necessarily implies the
piling of snow to a greater or lesser extent along the sides of the streets and crossings”). Since the
photographs of the pile of snow “at the curb,” which were exhibits in the trial court, do not show what
part of that snow pile was on the sidewalk, on top of the curb, or on top of the street, it is impossible to
say whether Lansing City Ordinance, § 1020.06(b) has been violated. That subsection provides:
“Perhaps on remand the parties will be required to address the question of what quantity of snow or ice
is sufficient to “impair vehicular or pedestrian traffic”?
Defendant argues that at least a portion of the snow piled along the curb resulted from the
actions of a city plow cleaning the street. That is no help as to whether the sidewalk accumulation was
increased, thus increasing the hazard for pedestrians. I do not believe that pedestrians are entitled to a
clear path (of uncertain dimension) from the street, between the curb and sidewalk, as this would
require the landowner to carry away the snow in order to satisfy the ordinance, and would thus actually
impede the prompt clearing of snow-covered sidewalks.
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I concur in the result.
/s/ Michael J. Kelly
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