Legal Opinion

Johnson v. Desmond Chemical Co.

Michigan Supreme Court

Decided March 31, 1908No. Docket No. 138PublishedCited by 2 opinions

Error to Grand Traverse; Davis, J., presiding. Case by Frank W. Johnson against the Desmond Chemical Company for personal injuries. There was an order sustaining a demurrer to the declaration, and plaintiff brings error.

1Opinion of the CourtMontgomery, J.

The plaintiff- brought an action for negligent injury, and the case was determined adversely to him on a demurrer to the declaration. From the judgment entered upon the demurrer, he brings error. The demurrer stated among other things:

“ Said declaration does not allege nor set forth negligence on behalf of defendant, and does not show plaintiff to have been ih the exercise of due care.
“Said declaration shows that plaintiff was guilty of contributory negligence.
“Said declaration is framed on the theory that plaintiff was placed in a new occupation and- subjected to hidden dangers and thereby…

2Cases cited4 opinions

  1. Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
  2. Walker v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
  3. Gill v. HomrighausenWisconsin Supreme Court · 1891
  4. McClure v. Detroit Southern RailroadMichigan Supreme Court · 1906

3Cited by2 opinions

  1. Maki v. Mohawk Mining Co.Michigan Supreme Court · 1913
  2. Johnson v. Desmond Chemical Co.Michigan Supreme Court · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API