Jackson v. Schillinger Bros.
Michigan Supreme Court
Error to Menominee; Flannigan, J. Case by George Jackson against Schillinger Bros. Company for personal injuries. Judgment for plaintiff. Defendant brings error. The defendant is an erecting company, and in August, 1911, was engaged in erecting a building for a brewery in the city of Menominee, Mich.
Read the full summary
Error to Menominee; Flannigan, J. Case by George Jackson against Schillinger Bros. Company for personal injuries. Judgment for plaintiff. Defendant brings error. The defendant is an erecting company, and in August, 1911, was engaged in erecting a building for a brewery in the city of Menominee, Mich. The floors and ceiling of this building are concrete, and in doing the work it became necessary to put up certain forms under the ceiling, into which the concrete was poured, and which remained there until the concrete became set, after which the forms were removed and again used for the same…
1Opinion of the CourtBrooke, J.
(after stating the facts). The work to be performed by plaintiff and his helpers, including Weimer, was simple in character. It involved no particular hazard and required no particular skill. It was plaintiff’s duty to saw the forms himself, after which he and his helpers loosened and lowered them. Any one of reasonable intelligence and sufficient strength would be competent to perform such labor. And it is not contended that Weimer was lacking in either particular. Under such circumstances and for the performance of such labor the employer is not required by law to either give instructions…
2Cases cited5 opinions
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
- Snodgrass v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
- Timm v. Michigan Central RailroadMichigan Supreme Court · 1893
- Kellogg v. Stephens Lumber Co.Michigan Supreme Court · 1900
3Cited by1 opinion
- Sabela v. Newport Mining Co.Michigan Supreme Court · 1915