Legal Opinion

Kinney v. Folkerts

Michigan Supreme Court

Decided December 28, 1889PublishedCited by 13 opinions

Error to Alpena. (Kelley, J.) Negligence case. Defendants bring error. The facts are stated in the opinion.

1Opinion of the CourtLong, J.

The declaration in this cause contained three counts.

In the first it is alleged, substantially, that the defendants, under the firm name of Luther, McNally & Co., were, on October 8, 1888, at Alpena, engaged in carrying on a planing-mill, and running and using in said mill a certain machine, called a “fan,” for the purjDose of sucking up and blowing the shavings made at said mill to various places; that such fan is composed of a wheel, with arms, incased with a covering, with certain pipes attached thereto, said fan being driven by certain pulleys and belts, and revolving at great speed;…

2Cases cited4 opinions

  1. Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
  2. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  3. Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1871
  4. Totten v. . PhippsNew York Court of Appeals · 1873

3Cited by13 opinions

  1. Strudgeon v. Village of Sand BeachMichigan Supreme Court · 1895
  2. McKormick v. City of West Bay CityMichigan Supreme Court · 1896
  3. Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
  4. Murner v. ThorpeMichigan Supreme Court · 1938
  5. Fandek v. Barnett & Record Co.Wisconsin Supreme Court · 1915

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