Taylor v. Home Telephone Co.
Michigan Supreme Court
Error to Wayne; Donovan, J. Case by Theresa Y. Taylor against the Home Telephone Company for a negligent injury. A judgment for defendant on a verdict directed by the court, is reviewed by plaintiff on writ of error.
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Error to Wayne; Donovan, J. Case by Theresa Y. Taylor against the Home Telephone Company for a negligent injury. A judgment for defendant on a verdict directed by the court, is reviewed by plaintiff on writ of error. It is alleged in the declaration that on July 29, 1907, the -defendant’s employés in making an excavation in an alley in the city of Detroit negligently removed a service cock from an 8-inch city water main carrying pressure, laid 41-feet under ground, which they had uncovered. As a consequence water escaped and was forced into the second-story open window of a building into…
1Opinion of the CourtOstrander, J.
(after stating the facts). The plain*461tiff’s act was voluntary, the wetting she got was inevitable. Did she, as defendant contends, assume all the consequences of the wetting, whatever they might be ? The principle expressed in the maxim, “Volenti non fit injuria,” is subject to qualifications, which are sometimes stated as qualifications of the rule, but are quite as often recognized as rules in determining the proximate cause of an injury and the contributory negligence of the injured person. Courts have frequently refused to so apply the principle as to deny to one who has at actual risk of…
2Cases cited4 opinions
- Harris v. Township of ClintonMichigan Supreme Court · 1887
- Cook v. JohnstonMichigan Supreme Court · 1885
- La Duke v. Township of ExeterMichigan Supreme Court · 1893
- Milbourne v. Arnold Electric Power Station Co.Michigan Supreme Court · 1905
3Cited by10 opinions
- Felgner v. AndersonMichigan Supreme Court · 1965
- Lemos v. MaddenWyoming Supreme Court · 1921
- Lindsay v. ThomasSupreme Court of Florida · 1937
- Springer v. MorrisSupreme Court of Florida · 1954
- Cherry v. General Petroleum Corp. of CaliforniaWashington Supreme Court · 1933
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