Garnsley v. Boyce
Michigan Supreme Court
Error to Calhoun; North, J. Case by Mina E. Garnsley against Esther L. Boyce for' personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Defendant owned and carried on a laundry. Plaintiff, a woman 28 years of age, was her employé. On June 12, 1905, plaintiff was feeding a mangle, i. e., was running butchers’ aprons throngh it, heavily saturated with starch.
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Error to Calhoun; North, J. Case by Mina E. Garnsley against Esther L. Boyce for' personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Defendant owned and carried on a laundry. Plaintiff, a woman 28 years of age, was her employé. On June 12, 1905, plaintiff was feeding a mangle, i. e., was running butchers’ aprons throngh it, heavily saturated with starch. Her hand in some way got between the rollers, and was so badly lacerated that amputation of a large part of it became necessary. She instituted this suit to recover damages, alleging negligence on the part…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The statute of amendments (3 Comp. Laws, § 10268) is very broad, and in the furtherance of justice has been liberally construed by this court. See Croze v. Land Co., 153 Mich. 363 (117 N. W. 81). How the pleader in this case should have committed the mistake in alleging that there was no guard when in fact there was one it is difficult to understand. The case was tried throughout upon the theory *10of a defective and unsafe guard. Defendant makes no claim to have been taken by surprise. There was no request to recall the jury and ask for further time. Under the…
2Cases cited2 opinions
- Butler v. FrazeeSupreme Court of the United States · 1908
- Croze v. St. Mary's Canal Mineral Land Co.Michigan Supreme Court · 1908
3Cited by1 opinion
- Patterson v. GoreMichigan Supreme Court · 1913