Legal Opinion

Burnside v. Novelty Manufacturing Co.

Michigan Supreme Court

Decided September 12, 1899PublishedCited by 7 opinions

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.

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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

  1. Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
  2. Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
  3. McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
  4. Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
  5. Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sipes v. Michigan Starch Co.Michigan Supreme Court · 1904
  2. Rohrabacher v. WoodardMichigan Supreme Court · 1900
  3. Holloway v. H. W. Johns-Manville Co.Wisconsin Supreme Court · 1908
  4. Mayer v. Detroit Ypsilanti, Ann Arbor & Jackson RailwayMichigan Supreme Court · 1908
  5. Michaud v. Grace Harbor Lumber Co.Michigan Supreme Court · 1899

2 more not listed; retrieve them via the Exa API.

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