Czarniski v. Security Storage & Transfer Co.
Michigan Supreme Court
Error to superior court of Grand Rapids; Dunham, J. Case by Katie Czarniski, an infant, by her next friend, against the Security Storage & Transfer Company for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant owns and operates moving vans in the city of Grand Rapids. One Jankowski, who lived at 348 Indiana avenue, employed it to do his moving. Mike Czarniski lived at 346 Indiana avenue. Plaintiff is his daughter aged about five years.
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Error to superior court of Grand Rapids; Dunham, J. Case by Katie Czarniski, an infant, by her next friend, against the Security Storage & Transfer Company for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant owns and operates moving vans in the city of Grand Rapids. One Jankowski, who lived at 348 Indiana avenue, employed it to do his moving. Mike Czarniski lived at 346 Indiana avenue. Plaintiff is his daughter aged about five years. The distance between the two houses is about eight feet. Defendant’s moving van was backed into this space handy to the Jankowski’s…
1Opinion of the CourtFellows, J.
(after stating the facts). It is most strenuously urged by defendant’s counsel that a verdict for the defendant should have been directed; that *278the evidence made no jury question of negligence of defendant’s employees; and that in any event error was committed in failing to instruct the jury as requested.
The plaintiff at the time of the accident was but five years old. Her movements were controlled more by the caprice of childhood than the exercise of judgment.
“Children, wherever they go, must be expected to act upon childish instincts and impulses; and others who are chargeable with a duty…
2Cases cited18 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Barnes v. Shreveport City RailroadSupreme Court of Louisiana · 1895
- Passamaneck's Admr. v. Louisville Railway Co.Court of Appeals of Kentucky · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Olah v. KatzMichigan Supreme Court · 1926
- Tyler v. WeedMichigan Supreme Court · 1938
- Leduc v. Detroit Edison Co.Michigan Supreme Court · 1931
- Robins v. Director General of RailroadsMichigan Supreme Court · 1919
- Mathers v. BotsfordSupreme Court of Florida · 1923