Legal Opinion

Page v. Battle Creek Pure Food Co.

Michigan Supreme Court

Decided November 21, 1905No. Docket No. 36PublishedCited by 8 opinions

Error to Calhoun; Hopkins, J. Case by Harvey H. Page against the Battle Creek Pure Food Company, Limited, for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff, an employé of the defendant, a man 67 years old and a mason by trade, was instructed to repair one of defendant’s ovens.

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Error to Calhoun; Hopkins, J. Case by Harvey H. Page against the Battle Creek Pure Food Company, Limited, for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff, an employé of the defendant, a man 67 years old and a mason by trade, was instructed to repair one of defendant’s ovens. Plaintiff’s evidence showed that one Bordeau directed plaintiff’s son, a.foreman of mason work, to do some work in this oven; that this foreman sent plaintiff on Sunday morning to do it; that plaintiff reported to one Brower, who had charge…

1Opinion of the CourtGrant, J.

(a,fter stating the facts). There were several departments in the defendant’s factory, over which one Phelps was the general superintendent. Each department had a foreman or manager — a man where there were men, and a woman where there were women or girls. Some of the principal foremen had subforemen under them. From the testimony introduced on the part of the plaintiff, it appears that Bordeau “had charge of the mason department on construction and repairs,” and that plaintiff’s son was a subforeman under him. There was also evidence tending to show that Bordeau sometimes hired and…

2Cases cited3 opinions

  1. Mikolojczak v. North American Chemical Co.Michigan Supreme Court · 1901
  2. Wellihan v. National Wheel Co.Michigan Supreme Court · 1901
  3. Lepan v. HallMichigan Supreme Court · 1901

3Cited by8 opinions

  1. Guest v. Edison Illuminating Co.Michigan Supreme Court · 1907
  2. Corey v. Joliet Bridge & Iron Co.Michigan Supreme Court · 1908
  3. Amoe v. Great Lakes Engineering WorksMichigan Supreme Court · 1908
  4. Stever v. Ann Arbor RailroadMichigan Supreme Court · 1910
  5. Argersinger v. Commonwealth Power Co.Michigan Supreme Court · 1911

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