Scherer v. Otis Elevator Co.
Michigan Supreme Court
Error to Wayne; Rohnert, J. Case by Albert Scherer against the Otis Elevator Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. While in the employ of defendant, and while operating a machine known as a jointer,the plaintiff on November 13, 1909, was injured.
Read the full summary
Error to Wayne; Rohnert, J. Case by Albert Scherer against the Otis Elevator Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. While in the employ of defendant, and while operating a machine known as a jointer,the plaintiff on November 13, 1909, was injured. In June, 1910, plaintiff brought this action, alleging in his declaration, which is most in-artificial, and contains but one count: (1) That it is the general custom to have the knives of the jointer machine covered or guarded where the knives are not in…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). The question, the only one debated in the briefs, is whether there was a fatal variance between the proof and the declaration. It is the contention of defendant, appellee; and was the view of the trial court, that the declaration alleges, not the absence of a guard, but the presence of a defective guard; that, consequently, testimony that there was no guard tended to prove no negligence of defendant alleged in the declaration.
The provision of the statute relied upon by the plaintiff is:
“All vats, saws, pans, planers, cogs, set-screws, gearing and machinery of every…
2Cases cited5 opinions
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Miller v. WilsonIllinois Supreme Court · 1893
- Hunter v. Township of DwightMichigan Supreme Court · 1909
- Hoyt v. GarlockMichigan Supreme Court · 1906
- Shanke v. United States Heater Co.Michigan Supreme Court · 1900