Zimmerman v. Detroit Sulphite Fibre Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Johann Zimmerman against the Detroit Sulphite Fibre Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff had been for six and a half years employed as a laborer in the defendant’s mill, and had done various kinds of work, including the oiling of machinery. In the mill was a pump situated in a well about four or five feet square, and four feet below the floor.
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Error to Wayne; Hosmer, J. Case by Johann Zimmerman against the Detroit Sulphite Fibre Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff had been for six and a half years employed as a laborer in the defendant’s mill, and had done various kinds of work, including the oiling of machinery. In the mill was a pump situated in a well about four or five feet square, and four feet below the floor. This pump was operated by a belt running in an upright position over a wheel attached to a horizontal shaft. The shaft was about 12 feet above the floor. It…
1Opinion of the CourtGrant, J.
(after stating the facts). It is insisted on behalf of defendant that no negligence was shown, and that the court should have so instructed the jury. It is also urged that the danger, if any there was, was apparent to the plaintiff, and that, therefore, he assumed the risk. A third contention is that, if the plaintiff stood so near the belt as to be struck by it, this was his own negligence, since there was room for him to stand without touching it.
The case is not free from difficulty. The evident theory of the declaration is that he was struck by the belt while standing upon the platform,…
2Cases cited1 opinion
- Brassel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Michigan Supreme Court · 1894
3Cited by2 opinions
- Finn v. Carnegie-Illinois Steel CorporationDistrict Court, W.D. Pennsylvania · 1946
- Boyer v. MaloneyOhio Court of Appeals · 1927