Legal Opinion

Kerr v. National Fulton Brass Manufacturing Co.

Michigan Supreme Court

Decided December 21, 1908No. Docket No. 16PublishedCited by 22 opinions

Error to Wayne; Hosmer, J. Case by Mary Kerr, administratrix of the estate of Charles Kerr, deceased, against the National Fulton Brass Manufacturing Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMontgomery, J.

This action is brought to recover damages for the death of plaintiff’s husband; the claim of negligence relied upon at the trial being that the defendant failed to guard an emery wheel which was used in its factory, although required to do so by the direction of the factory inspector, and that plaintiff’s intestate, who was employed in grinding castings on the emery wheel in question, was instantly killed on the 16th of June, 1904, while grinding a malleable iron casting, and that, while thus engaged, the emery wheel flew apart, and a portion of the broken wheel hit him in the head, causing…

2Cases cited2 opinions

  1. Turner v. Muskegon Machine & Foundry Co.Michigan Supreme Court · 1893
  2. Clink v. GunnMichigan Supreme Court · 1892

3Cited by22 opinions

  1. Rojas v. VuocoloTexas Supreme Court · 1944
  2. F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
  3. Morrison v. CarpenterMichigan Supreme Court · 1914
  4. Lieberthal v. Glens Falls Indemnity Co.Michigan Supreme Court · 1946
  5. Piechuck v. MagusiakSupreme Court of New Hampshire · 1926

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