Legal Opinion

Lobenstein v. Whitehead & Kales Iron Works

Michigan Supreme Court

Decided June 2, 1916No. Docket No. 4PublishedCited by 1 opinion

Error to Wayne; Mayne, J., presiding. Case by William P. Lobenstein, as administrator of the estate of George Stierle, deceased, against Whitehead & Kales Iron Works, a corporation, for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, J.

In his declaration, William Lobenstein, administrator of the estate of George Stierle, deceased, charges defendant iron company with having employed the deceased to operate a hoisting machine, and that while so employed, it directed him to engage in another and more dangerous employment, in which latter employment he was killed by falling from a building upon which he was directed to work. Upon the first trial a verdict was directed in favor of the defendánt. On review in this court, it was held that the testimony was sufficient to submit to the jury upon the question of the defendant’s…

2Cases cited1 opinion

  1. Lobenstein v. Whitehead & Kales Iron Co.Michigan Supreme Court · 1914

3Cited by1 opinion

  1. Paperno v. Michigan Railway Engineering Co.Michigan Supreme Court · 1918

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