Gray v. Brown & Sehler Co.

This action at law is brought under the “Death Act” to recover damages for the negligent killing of a workman who met his death by the falling of the walls of defendant’s plant, which had been destroyed by fire. The same accident occasioned the case of Opitz v. Hoertz, 194 Mich. 626, which came to this court on certiorari to the industrial accident board. In that case the question of liability for compensation was not disputed, the contested question being which defendant was liable. In the instant case plaintiff seeks to recover damages under a declaration counting on defendant’s negligence.…