Brown v. Stevens
Michigan Supreme Court
Error to Montcalm; Davis, J. Case by Christian Brown against George W. Stevens and Egbert G. Stevens, copartners as G. W. Stevens & Son, for personal injuries. From a judgment for plaintiff, defendants bring error. Plaintiff fell into an elevator opening in the floor of the defendants’ store, and was injured. He recovered a verdict of $700. The negligence alleged was leaving this opening unguarded, and giving no proper notice to the plaintiff of the danger.
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Error to Montcalm; Davis, J. Case by Christian Brown against George W. Stevens and Egbert G. Stevens, copartners as G. W. Stevens & Son, for personal injuries. From a judgment for plaintiff, defendants bring error. Plaintiff fell into an elevator opening in the floor of the defendants’ store, and was injured. He recovered a verdict of $700. The negligence alleged was leaving this opening unguarded, and giving no proper notice to the plaintiff of the danger. The defendants’ store was 100 feet long by 20 feet wide. The basement was 8 feet deep. The first floor of the building, which consisted…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. This case in all its essential features is ruled by McCrum v. Weil & Co., 125 Mich. 297 (84 N. W. 282). See, also, Felton v. Schmidt, 104 Mich. 349 (62 N. W. 552, 53 Am. St. Rep. 462); Neff v. Inhabitants of Wellesley, 148 Mass. 487 (20 N. E. 111, 2 L. R. A. 500); Smith v. Wildes, 143 Mass. 556 (10 N. E. 446); Hendricken v. Meadows, 154 Mass. 601 (28 N. E. 1054).
2. The plaintiff was not guilty of contributory negligence unless he was warned of the danger. Unless he received such warning, he was justified in believing that the floor was in safe condition for him…
2Cases cited5 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Hendricken v. MeadowsMassachusetts Supreme Judicial Court · 1891
- Pelton v. SchmidtMichigan Supreme Court · 1895
- Smith v. WildesMassachusetts Supreme Judicial Court · 1887
- McCrum v. Weil & Co.Michigan Supreme Court · 1900
3Cited by22 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Hulett v. Great Atlantic & Pacific Tea Co.Michigan Supreme Court · 1941
- Carpenter v. Herpolsheimer's Co.Michigan Supreme Court · 1937
- Isaac Benesch & Sons, Inc. v. FerklerCourt of Appeals of Maryland · 1927
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