Smith v. Peninsular Car Works
Michigan Supreme Court
Error to Superior Court of Detroit. (Chipman, J.) Case. Plaintiff brings error. The facts are stated in the opinion. It is well settled that a master is not responsible for injuries when the risk is open and voluntarily assumed: Cooley on Torts, p. 551.
1Opinion of the CourtSherwood, J.
The plaintiff’s intestate, Adelbert A. Smith, was her husband.
He was a labore.r, and worked for the defendant during the year 1882, and until he died, in January, 1883. His business was principally that of a moulder, and he worked in the defendant’s shop at Adrian. The work of moulding and carrying molten iron was ordinarily done in two rooms *503separate from each other, each being furnished with all appliances for melting iron and moulding.
On the day in question, the fires had gone out in the room in which deceased was employed, and he was ordered by the foreman, who had entire charge of the…
2Cases cited20 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
15 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Riddle v. McLouth Steel Products Corp.Michigan Supreme Court · 1992
- Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
- VanDusen v. LetellierMichigan Supreme Court · 1889
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
66 more not listed; retrieve them via the Exa API.