Legal Opinion

Burgess v. Humphrey Bookcase Co.

Michigan Supreme Court

Decided April 24, 1909No. Docket No. 42PublishedCited by 1 opinion

Error to Wayne; Mandell, J. Case by Clarence Burgess, by next friend, against the Humphrey Bookcase Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtHooker, J.

The plaintiff was injured on the defendant’s planer, which was admittedly in good condition and running order. His hand was drawn upon the knives *347and cut, and the cause was the failure of proper velocity in the machine. He recovered a substantial judgment in an action for negligent injury, and defendant has appealed.

There is but one explanation of the accident, and that must have been apparent to the plaintiff, or anyone else, viz., that there was a want of steady, adequate power at the machine to give the necessary velocity to make the revolving knives cut. The result was they stuck in the…

2Cases cited1 opinion

  1. Shackelton v. Manistee & Northeastern RailroadMichigan Supreme Court · 1895

3Cited by1 opinion

  1. Lupher v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912

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