Perry v. Michigan Alkali Co.
Michigan Supreme Court
Error to Wayne; Rohnert, J. Case by Harry B. Perry against the Michigan Alkali Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant operates 15 coke ovens which are situated upon an iron platform about 18 feet above the ground, are joined together in a row, and are 7 feet high.
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Error to Wayne; Rohnert, J. Case by Harry B. Perry against the Michigan Alkali Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant operates 15 coke ovens which are situated upon an iron platform about 18 feet above the ground, are joined together in a row, and are 7 feet high. The platform upon which the ovens rest extends from 3 to 4 feet on the east and upon the west forms a large wharf to receive the coke as it is pushed out of the ovens. The ovens are fed with coal from the top. There are doors upon the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The instruction was correct. The defendant had provided two safe ways by which to reach the pusher. Plaintiff chose a third way which was fraught with danger if he slipped, or the ladder, for any reason, gave way. Had he been using the ladder for the purpose for which it was intended *541and a rung had broken when ascending the ladder, no injury, in all probability, would have resulted, as plaintiff would naturally have had at least one of his hands upon a rung or side of the ladder. It is evident that a jump from a rung of the ladder to the platform would subject it…
2Cases cited1 opinion
- Kopf v. Monroe Stone Co.Michigan Supreme Court · 1903
3Cited by1 opinion
- Denton v. UtleyMichigan Supreme Court · 1957