Legal Opinion · Dissent

Burke v. Maryland Casualty Co.

Michigan Supreme Court

Decided July 21, 1916No. Docket No. 60Published

Error to Muskegon; Sullivan, J. Assumpsit by William Burke, William ED Smith, and Neis P. Nelson, copartners as Burke, Smith & Nelson, against the Maryland Casualty Company on a policy of insurance. Judgment for plaintiffs on a verdict directed by the court. Defendant brings error.

1DissentBird, J.

Plaintiffs are building contractors, While erecting a school building in the city of Flint, in 1911, they carried a policy in the defendant company, indemnifying them against loss on account of injury to their employees by accident. On July 5th, while Reuben Ritter, one of the employees, was engaged in cleaning the walls, he fell from the scaffold upon which he was standing and sustained an injury. On September 21st, he commenced suit against plaintiffs, claiming that his fall was due to the negligence of plaintiffs in failing to furnish him a safe place in which to work. Plaintiffs…

2Cases cited5 opinions

  1. Robbins v. Chicago CitySupreme Court of the United States · 1867
  2. Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
  3. Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
  4. City of Portland v. RichardsonSupreme Judicial Court of Maine · 1866
  5. City of Lansing v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1902

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