Horowitz v. Blay
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Minnie Horowitz against Euphemia Blay, Isaac L. Polozker, Desire B. De Coster, and Norval Wardrop for injuries to a stock of merchandise. Judgment for defendants on a directed verdict. Plaintiff brings error. This is an action brought to recover damages for injuries to a stock of shoes caused by the falling of the wall of the- building in which they were stored.
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Error to Wayne; Hosmer, J. Case by Minnie Horowitz against Euphemia Blay, Isaac L. Polozker, Desire B. De Coster, and Norval Wardrop for injuries to a stock of merchandise. Judgment for defendants on a directed verdict. Plaintiff brings error. This is an action brought to recover damages for injuries to a stock of shoes caused by the falling of the wall of the- building in which they were stored. This building was a two-story brick standing on the south side of Gratiot avenue, in the city of Detroit. Plaintiff was in possession as tenant of a Mrs. Blay, and occupied the first story as a shoe…
1Opinion of the CourtPerson, J.
(after stating the facts). Unless it has been shown that the injury to the building occupied by plaintiff is chargeable to some fault on the part of the excavators, it is, of course, unnecessary to determine whether Raymond, who had charge of the work, was an independent contractor or not.
It appears from the record that Dr. Polozker desired to erect a building upon his lot with a basement of the ordinary depth and character. It was a legitimate object. And in the accomplishment of his purpose he or his employees had the undoubted right to excavate .the entire width of his lot, without…
2Cases cited5 opinions
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Bissell v. FordMichigan Supreme Court · 1913
- Gildersleeve v. HammondMichigan Supreme Court · 1896
- Hemsworth v. CushingMichigan Supreme Court · 1897
- Ward v. AndrewsMissouri Court of Appeals · 1877
3Cited by9 opinions
- Bator v. Ford Motor Co.Michigan Supreme Court · 1934
- Knoper v. BurtonMichigan Supreme Court · 1970
- Canfield Rubber Co. v. LearySupreme Court of Connecticut · 1923
- Colorado Fuel & Iron Corp. v. SalardinoSupreme Court of Colorado · 1952
- Thompson v. PetersMichigan Supreme Court · 1972
4 more not listed; retrieve them via the Exa API.