Burnside v. Novelty Manufacturing Co.
Michigan Supreme Court
Error to Jackson; Peck, J. Case by Hugh Burnside against the Novelty Manufacturing Company for personal injuries. Prom a judgment for plaintiff, defendant brings error.
Read the full summary
Error to Jackson; Peck, J. Case by Hugh Burnside against the Novelty Manufacturing Company for personal injuries. Prom a judgment for plaintiff, defendant brings error. The following is the charge of the court below: “This, gentlemen, is an action of negligence. * * * I instruct you that it was the defendant’s duty to furnish the plaintiff with a suitable press with which to perform the work required of him, — a press reasonably well adapted to do the work which he was set to perform upon it. The evidence is undisputed in this case that the defendant did furnish a suitable press, and one well…
1Opinion of the CourtLong, J.
This suit was brought to recover damages for injuries suffered while operating one of defendant’s *123presses. The basis of the action, as charged in the declaration, is the negligent failure of defendant to furnish for plaintiff’s use a properly adjusted and reasonably safe press, and particularly to furnish a press for forming stove tops, which should be so adjusted, and in such a reasonably safe condition, that, when the same was being operated by means of a foot treadle, the upper die would only descend from its high position to and against, the lower die when being operated. The declaration…
2Cases cited11 opinions
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
- Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sipes v. Michigan Starch Co.Michigan Supreme Court · 1904
- Rohrabacher v. WoodardMichigan Supreme Court · 1900
- Holloway v. H. W. Johns-Manville Co.Wisconsin Supreme Court · 1908
- Mayer v. Detroit Ypsilanti, Ann Arbor & Jackson RailwayMichigan Supreme Court · 1908
- Michaud v. Grace Harbor Lumber Co.Michigan Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.