Bayer v. Grocholski
Michigan Supreme Court
Error to Wayne; Withey, J., presiding. Case by Casimir Bayer against Stanislaus Grocholski and another for personal injuries. Judgment for defendants on a directed verdict. Plaintiff brings error.
1DissentFellows, J.
The trial court directed a verdict for the defendants. Unless we are willing to apply the rule res ipsa loquitur to the extreme limit of holding that proof of an accident alone is sufficient proof of negligence to take a case to the jury in an action brought by a servant against the master for negligence, the case must be affirmed.
The plaintiff was injured by the falling of a temporary scaffold which had been erected by an independent contractor engaged in the repair of defendants’ dwelling house, in the city of Detroit. Plaintiff *326testifies that he was employed by defendant Stanislaus…
2Cases cited20 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Alpern v. ChurchillMichigan Supreme Court · 1884
- Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
- Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892
- Redmond v. Delta Lumber Co.Michigan Supreme Court · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burghardt v. Detroit United RailwayMichigan Supreme Court · 1919
- Pattinson v. Coca-Cola Bottling Co.Michigan Supreme Court · 1952
- Indiana Lumbermens Mutual Insurance v. Matthew Stores, Inc.Michigan Supreme Court · 1957
- Mulvihill v. Detroit United RailwayMichigan Supreme Court · 1925
- Laxton v. Hatzel & Buehler, Inc.Court of Appeals for the Sixth Circuit · 1944
3 more not listed; retrieve them via the Exa API.