Holmes v. Gargaro Company

This is an appeal from a circuit court judgment affirming a jury verdict rendered for the plaintiff in the common pleas court in Detroit.

Plaintiffs’ home is located in an area where the Wayne county drain commissioner had contracted with defendants for the construction of a drain project. Defendants, general contractors, utilized concrete for lining the drain. They purchased it from the Thomas E. Currie Company. The defendants gave instructions as to the amount desired and the time and place for delivery. The Currie Company cement trucks when loaded weighed between 40 and 50 thousand pounds.…