Bennett v. Butterfield
Michigan Supreme Court
Error to Wayne; Donovan, J. Case by Samuel B. Bennett against Harriet A. Butterfield for personal injuries. From a judgment for defendant, plaintiff brings error. Defendant was a dealer in wall paper, other kinds of paper, and stationery. She occupied the ground floor, the basement, and the fifth floor of a store 120 feet long and 40 feet wide. The ground floor was her salesroom, and the fifth floor her storeroom, where she kept duplicate and surplus stocks of goods..
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Error to Wayne; Donovan, J. Case by Samuel B. Bennett against Harriet A. Butterfield for personal injuries. From a judgment for defendant, plaintiff brings error. Defendant was a dealer in wall paper, other kinds of paper, and stationery. She occupied the ground floor, the basement, and the fifth floor of a store 120 feet long and 40 feet wide. The ground floor was her salesroom, and the fifth floor her storeroom, where she kept duplicate and surplus stocks of goods.. This floor was reached by an elevator, situated in the rear and at one side. It was designed for the use of her employés only,…
1Opinion of the CourtGrant, J.
(after stating the facts). The theory of the plaintiff is that he was invited into a place of danger *98without warning, and without proper guards at the entrance to protect him. This was not a passenger elevator, and unless plaintiff was invited into it he cannot recover. The jury, by their special verdict, have settled this question against the plaintiff, and they could not, under the evidence, consistently have found otherwise. Mr. Fisher, plaintiff’s witness, who was not in defendant’s employ at the time of the trial, flatly contradicted him, and testified, not only that he did not invite…
2Cases cited5 opinions
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Bedell v. BerkeyMichigan Supreme Court · 1889
- Victory v. . BakerNew York Court of Appeals · 1876
- Gibson v. SziepienskiAppellate Court of Illinois · 1891
- Pelton v. SchmidtMichigan Supreme Court · 1893
3Cited by11 opinions
- Keeran v. Spurgeon Mercantile Co.Supreme Court of Iowa · 1922
- Chattanooga Warehouse & Cold Storage Co. v. AndersonTennessee Supreme Court · 1918
- Menteer v. Scalzo Fruit Co.Supreme Court of Missouri · 1912
- Wilson v. GoodrichSupreme Court of Iowa · 1934
- Constantineau v. Dci Food Equipment, IncMichigan Court of Appeals · 1992
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