Malkowski v. Olfs
Michigan Supreme Court
Error to Wayne; Murfin, J. Case by Joseph Malkowski against Peter Olfs for personal injuries. A judgment for defendant non obstante veredicto is reviewed by plaintiff on writ of error.
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Error to Wayne; Murfin, J. Case by Joseph Malkowski against Peter Olfs for personal injuries. A judgment for defendant non obstante veredicto is reviewed by plaintiff on writ of error. This is an action to recover damages for a personal injury received by the plaintiff while in the employ of the defendant on February 13, 1908. At said date the defendant was engaged in the business of manufacturing, selling, and delivering safes, vaults, large iron and steel boxes, etc., in the city of Detroit, and had been so engaged for a number of years. The plaintiff had been in the employ of the defendant…
1Opinion of the CourtStone, J.
{after stating the facts). This declaration was not demurred to. The logic of the verdict of the jury was that the defendant, without notice or warning to the plaintiff, let go his hold upon the box, and precipitated the entire weight upon the plaintiff, and that the box fell upon the plaintiff and injured him, and that the defendant did not order the truck driver to move the truck forward while the box was being unloaded. If the court was correct in that part of the charge quoted, and we think it was, the jury might find the defendant liable, even although he did not order the driver to move…
2Cases cited7 opinions
- Central Savings Bank v. O'ConnorMichigan Supreme Court · 1903
- Cousins v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1893
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- Marquet v. La DukeMichigan Supreme Court · 1893
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3Cited by6 opinions
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