Shanke v. United States Heater Co.
Michigan Supreme Court
Error to Wayne; Waite, J. Case by Joseph Shanke against the United States Heater Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant was engaged in the manufacture of steam heaters. It had a foundry and machine shop. The castings were wheeled from the foundry to the yard adjoining, and dumped upon the ground. From the yard they were wheeled into the machine shop as they were needed.
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Error to Wayne; Waite, J. Case by Joseph Shanke against the United States Heater Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant was engaged in the manufacture of steam heaters. It had a foundry and machine shop. The castings were wheeled from the foundry to the yard adjoining, and dumped upon the ground. From the yard they were wheeled into the machine shop as they were needed. Two-wheel trucks were used, with two handles, — one on each end. Sand and refuse had been carted from the foundry and dumped in the…
1Opinion of the CourtGrant, J.
(after stating the facts). The instruction was correct. - The theory of the declaration is not that sound inch boards were not sufficient, or that the ground was soft, but the sole theory of the declaration is that the boards were uneven, unsound, rotten, unsafe, and defective, in consequence of which the place was unsafe. Plaintiff cannot now recover upon the theory that sound boards were not sufficiently strong, or that the ground was soft, so that the ends of the boards would be pressed *349into it by tbe weight upon them. If, however, we assume that the declaration was sufficient, still…
2Cited by1 opinion
- Scherer v. Otis Elevator Co.Michigan Supreme Court · 1911