Legal Opinion

Haxer v. Griessel

Michigan Supreme Court

Decided July 14, 1910No. Docket No. 65PublishedCited by 3 opinions

Error to Wayne; Murphy, J. Case by Frank Haxer against Adam G. Griessel and J. Henry Leuzen, copartners as Griessel & Leuzen, for personal injuries. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error. The appellant, a carpenter 69 years of age, was injured by falling from a scaffold which was broken down by a falling ladder.

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Error to Wayne; Murphy, J. Case by Frank Haxer against Adam G. Griessel and J. Henry Leuzen, copartners as Griessel & Leuzen, for personal injuries. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error. The appellant, a carpenter 69 years of age, was injured by falling from a scaffold which was broken down by a falling ladder. The scaffold upon which he was working at the time of his injury was built by himself and his fellow workmen; it was only six or seven feet high, and was of sufficient strength to sustain the weight of two men. Appellant…

1Opinion of the CourtBrooke, J.

(after stating the facts). A careful reading of the record impels us to the conclusion, that the question of defendants’ negligence should have been submitted to the jury. While the placing of the ladder in the position in which it stood at the time of the accident, and its use by Bishop while in that position, may be said to indicate reasonable care upon his part, or at least to afford no evidence of negligence, we are still of the opinion that his leaving it, even for the time necessary for him to change his paints, leaning against the freshly-painted* slippery edge of the roof of the bay…

2Cases cited13 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Barnowsky v. HelsonMichigan Supreme Court · 1891
  3. Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
  4. Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
  5. Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879

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3Cited by3 opinions

  1. Barnebee v. Spence BrothersMichigan Supreme Court · 1962
  2. Teachout v. Grand Rapids, Grand Haven & Muskegon Railway Co.Michigan Supreme Court · 1914
  3. Bacon v. CandlerMichigan Supreme Court · 1914

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