Borkowski v. American Radiator Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Michael Borkowski against the American Radiator Company for personal injuries. Judgment for plaintiff. Defendant brings error. The plaintiff, a young man 21 years of age, started to work for defendant September 27, 1909, as a molder’s helper. About two years earlier he had worked for defendant in the same shop and in the same capacity for a period of about 2-| months.
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Error to Wayne; Hosmer, J. Case by Michael Borkowski against the American Radiator Company for personal injuries. Judgment for plaintiff. Defendant brings error. The plaintiff, a young man 21 years of age, started to work for defendant September 27, 1909, as a molder’s helper. About two years earlier he had worked for defendant in the same shop and in the same capacity for a period of about 2-| months. It was his duty as a molder’s helper to sift sand and shovel it into a box; also to carry molten iron in ladles provided for that purpose from the cupola to the molds. These ladles were of two…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant’s first contention is that there is no liability, for the reason that plaintiff’s injury resulted from a transitory act of negligence on the part of a fellow-servant; that act being the placing of the ladle which plaintiff secured in an improper place, where it was liable to collect and hold rain water. In our opinion this is not a case in which this doctrine can be invoked. The record shows that Reinke, in the performance of his duty, customarily collected the ladles and wheeled them out under this uninclosed shed, where they were piled or scattered…
2Cases cited6 opinions
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Ribich v. Lake Superior Smelting Co.Michigan Supreme Court · 1900
- McGowan v. La Plata Mining & Smelting Co.U.S. Circuit Court for the District of Colorado · 1882
- Tissue v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Casey-Hedges Co. v. OliphantCourt of Appeals for the Sixth Circuit · 1916
- McCalman v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1914
- Hipner v. StuartMichigan Supreme Court · 1922
- Kreft v. Great Lakes Stone & Lime Co.Michigan Supreme Court · 1921