Barfoot v. White Star Line
Michigan Supreme Court
Error to Wayne; Codd, J. Case by Clarence Barfoot against the White Star Line for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff stepped into the shaft of a freight elevator and was injured.
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Error to Wayne; Codd, J. Case by Clarence Barfoot against the White Star Line for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff stepped into the shaft of a freight elevator and was injured. He sued the owner of the building, basing his right to recover upon the fact that the opening to the shaft was not provided with an automatic gate or door and upon the duty to provide such a gate or door alleged to rest upon the owner by reason of the provisions of section 12 of Act No. 285 of the Public Acts of 1909. The building was not occupied by the alleged owner, but by…
1Opinion of the CourtOstrander, J.
(after stating the facts). Contentions 1 and 2 may be considered together. An automatic gate at the entrance to an elevator shaft serves the purpose of preventing entrance into the shaft when the elevator is not at the particular floor and of permitting entrance when it is there. It is not designed and used for the single purpose of keeping people not intending to use the elevator from falling down the shaft, but for the safety as well of persons desiring to use the elevator. See Murphy v. Veneer Works, 142 Mich. 677, 680, 681 (106 N. W. 211). It is not conclusive of the question of…
2Cases cited12 opinions
- Arms v. AyerIllinois Supreme Court · 1901
- Landgraf v. KuhIllinois Supreme Court · 1900
- Syneszewski v. SchmidtMichigan Supreme Court · 1908
- Tvedt v. WheelerSupreme Court of Minnesota · 1897
- Schott v. HarveySupreme Court of Pennsylvania · 1884
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3Cited by11 opinions
- Finnegan v. Royal Realty Co.California Supreme Court · 1950
- Grubaugh v. Simon J. Murphy Co.Michigan Supreme Court · 1920
- Fleming v. A. B. Kirschbaum Co.District Court, E.D. Pennsylvania · 1941
- Lydman v. De HaasMichigan Supreme Court · 1915
- Molin v. Wisconsin Land & Lumber Co.Michigan Supreme Court · 1913
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