Burns v. Michigan Paint Co.
Michigan Supreme Court
Error to Wayne; Donovan, J. Case by Catherine Burns against the Michigan Paint Company for personal, injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff while driving on the streets of the city of Detroit was run into and injured by an express wagon driven by one William Boyseau. Boyseau was a licensed ex-pressman. He owned the horse and wagon which he was driving. He was delivering goods for the Michigan Paint Company, the defendant.
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Error to Wayne; Donovan, J. Case by Catherine Burns against the Michigan Paint Company for personal, injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff while driving on the streets of the city of Detroit was run into and injured by an express wagon driven by one William Boyseau. Boyseau was a licensed ex-pressman. He owned the horse and wagon which he was driving. He was delivering goods for the Michigan Paint Company, the defendant. His wagon had attached to it a sign bearing these words, “The Paint Shop, 32 Cadillac Square, phone Main 1043.” This was the name…
1Opinion of the CourtCarpenter, J.
(after stating the facts). If the facts were as testified to by Boyseau and defendant’s manager, Boyseau was not the servant of defendant, but was an independent contractor, for whose negligence defendant was not responsible. De Forrest v. Wright, 2 Mich. 368; Riedel v. Moran, Fitzsimons Co., 103 Mich. 262; Wright v. Manufacturing Co., 124 Mich. 91 (50 L. R. A. 495); Lenderink v. Village of Rockford, 135 Mich. 531; Joslin v. Grand Rapids Ice Co., 50 Mich. 516.
We are of the opinion that a verdict should have been directed in defendant’s favor upon the ground that there was no evidence from…
2Cases cited5 opinions
- De Forrest v. WrightMichigan Supreme Court · 1852
- Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
- Lenderink v. Village of RockfordMichigan Supreme Court · 1904
- Wright v. Big Rapids Door & Blind Manufacturing Co.Michigan Supreme Court · 1900
- Riedel v. Moran, Fitzsimons Co.Michigan Supreme Court · 1894
3Cited by30 opinions
- Gall v. Detroit Journal Co.Michigan Supreme Court · 1916
- Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
- Washington Recorder Publishing Co. v. ErnstWashington Supreme Court · 1939
- Globe Indemnity Co. v. Victill Corp.Court of Appeals of Maryland · 1969
- Holbrook v. Olympia Hotel Co.Michigan Supreme Court · 1918
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