Legal Opinion

Welch v. Brainard

Michigan Supreme Court

Decided December 30, 1895PublishedCited by 11 opinions

Error to Macomb; Eldredge, J. Case by Charles L. Welch against Addison H. Brainard for personal injuriés. Erom a judgment for plaintiff, defendant brings error.

1Opinion of the CourtHooker, J.

The plaintiff was injured by the fall of a quantity of ensilage upon him while engaged in removing a quantity from the defendant’s silo for the purpose of feeding defendant’s stock, which was plaintiff’s daily duty, as farm laborer. He recovered a verdict in an action based upon the alleged negligence of the defendant— First, in not properly storing the ensilage, by reason of *39which it became rotten, and more likely to slide and cave off than it would otherwise have been; second, in not informing the plaintiff of the danger of undermining it, but, on the other hand, directing him to remove it…

2Cited by11 opinions

  1. Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
  2. Aphoresmenos v. McIntoshMichigan Supreme Court · 1916
  3. Gavigan v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1896
  4. Livingstone v. Saginaw Plate Glass Co.Michigan Supreme Court · 1906
  5. Bates v. ShafferMichigan Supreme Court · 1921

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