Horn v. Parke, Davis & Co.
Michigan Supreme Court
Error to Wayne; Hunt (Ormond F.), J. Case by Frederick A. Horn, an, infant, by his next friend, against Parke, Davis & Company for personal •injuries. Judgment for plaintiff. Defendant brings error. Defendant maintains in its business biological laboratories, having in connection therewith stables and buildings in which are kept animals large and small.
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Error to Wayne; Hunt (Ormond F.), J. Case by Frederick A. Horn, an, infant, by his next friend, against Parke, Davis & Company for personal •injuries. Judgment for plaintiff. Defendant brings error. Defendant maintains in its business biological laboratories, having in connection therewith stables and buildings in which are kept animals large and small. These animals are inoculated with germs of a particular disease which is being studied and its progress watched; temperatures are taken from time to time, and if the animal dies a post mortem examination is held. To dispose of the carcasses…
1Opinion of the CourtFellows, J.
(after stating the facts). But one question is presented on this record, and that is whether any negligence of defendant is shown. Defendant asked for a directed verdict on the grounds that there was no evidence of negligence on its part, that plaintiff’s slipping into the vat was an accident pure and simple, a mishap, for which it is not responsible in this action. While the common-law defenses of contributory negligence unless wilful, assumed risk and negligence of a fellow servant are no longer available to the master (2 Comp. Laws 1915, § 5423), the servant cannot recover against the…
2Cases cited21 opinions
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Richards v. RoughMichigan Supreme Court · 1884
- Hewitt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1887
- American Tobacco Co. v. AdamsCourt of Appeals of Kentucky · 1910
- Schroeder v. Michigan Car Co.Michigan Supreme Court · 1885
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3Cited by3 opinions
- Clumfoot v. St. Clair Tunnel Co.Michigan Supreme Court · 1922
- Frost v. ClementMichigan Supreme Court · 1923
- Roselip v. Great Atlantic & Pacific Tea Co.Michigan Supreme Court · 1935