Legal Opinion

Davis v. Buss Machine Works

Michigan Supreme Court

Decided March 29, 1912No. Docket No. 73PublishedCited by 10 opinions

Certiorari to Ottawa; Padgham, J. Case by Banajah M. Davis against the Buss Machine Works for personal injuries. An order overruling a demurrer to plaintiff’s declaration is reviewed by defendant on writ of error.

1Opinion of the CourtSteere, J.

This case comes before us on a writ of certiorari to review an order of the circuit court overruling defendant’s demurrer to the plaintiff’s declaration. The action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff from falling down stairs in defendant’s factory while making his *499rounds as nightwatchman in its employ. The declaration is in legal and logical form, and the demurrer is to its substance rather than its form. The actionable negligence alleged is a failure to make the stairway down which plaintiff fell reasonably safe and provide it…

2Cases cited1 opinion

  1. Sweet v. Ohio Coal CompactWisconsin Supreme Court · 1890

3Cited by10 opinions

  1. Knight v. Travelers Ins. Co.Louisiana Court of Appeal · 1947
  2. Boyle v. PreketesMichigan Supreme Court · 1933
  3. Curet v. HiernLouisiana Court of Appeal · 1957
  4. Montgomery Ward & Co. v. SnugginsCourt of Appeals for the Eighth Circuit · 1939
  5. Mills v. AB Dick CompanyMichigan Court of Appeals · 1970

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