Legal Opinion · Dissent

O'Leary v. Michigan State Telephone Co.

Michigan Supreme Court

Decided November 7, 1906No. Docket No. 103Published

Error to Kent; Wolcott, J. Case by William F. O’Leary, by next friend, against the Michigan State Telephone Company, for personal injuries. There was judgment for plaintiff, and defendant brings error.

1DissentHooker, J.

The judgment rendered in this action was in favor of an infant, who, at the time of the injury for which he sued, was seven years of age. The defendant’s construction gang was engaged in stringing a trolley wire, using a block or pulley, through which a rope ran, when the wire was being drawn forward, the power being applied by a team attached to the end of the rope, the team, at the time of the accident, being some distance from the block. The child meddled with the rope, and his hand was drawn into the block and crushed. Three important questions are raised:(1) Was it negligence on the part…

2Cases cited12 opinions

  1. Hargreaves v. DeaconMichigan Supreme Court · 1872
  2. Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
  3. Ryan v. TowarMichigan Supreme Court · 1901
  4. Fisher v. ThirkellMichigan Supreme Court · 1870
  5. Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897

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