Baucino v. Fitzpatrick
Michigan Supreme Court
Error to Kent; McDonald, J. Case by Andrew Baucino against James R. Fitzpatrick for personal injuries. Judgment for defendant, upon a directed verdict. Plaintiff brings error. This is a personal injury case, arising out of injuries to the plaintiff caused by the caving in of a trench which was being prepared for the reception of a water main then being laid by the defendant, who was a contractor in the city of Grand Rapids.
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Error to Kent; McDonald, J. Case by Andrew Baucino against James R. Fitzpatrick for personal injuries. Judgment for defendant, upon a directed verdict. Plaintiff brings error. This is a personal injury case, arising out of injuries to the plaintiff caused by the caving in of a trench which was being prepared for the reception of a water main then being laid by the defendant, who was a contractor in the city of Grand Rapids. The trench was being dug in á public alley, and the plaintiff at the time of the accident.was doing the work of a “bell hole” digger. In doing this work, it was his duty…
1Opinion of the CourtKuhn, J.
(after stating the facts). It is the contention of the plaintiff that there was evidence of negligence on the part of the defendant sufficient to submit the case to the jury, and that it cannot be said that the plaintiff assumed the risk of injury resulting from the failure of the defendant to shore up and brace the sides of the trench, and that it cannot be said that he assumed the risk of the defendant’s failure to comply with the ordinances of the city and the rules of the board of public works which required him to shore and brace the sides of the trench.
The plaintiff had no part in…
2Cases cited7 opinions
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- City of Owensboro v. GabbertCourt of Appeals of Kentucky · 1909
- Maki v. Isle Royale Copper Co.Michigan Supreme Court · 1914
- Maclam v. HallamMichigan Supreme Court · 1911
- Orso v. Great Lakes Engineering WorksMichigan Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Judis v. Borg-Warner CorporationMichigan Supreme Court · 1954
- Villar v. E W Bliss Co.Michigan Court of Appeals · 1984
- Van Zanten v. City of Grand HavenMichigan Supreme Court · 1913