Mikolojczak v. North American Chemical Co.
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Michael Mikolojczak against the North American Chemical Company for personal injuries. From a judgment for plaintiff, defendant brings error. Defendant owns and operates a plant for the manufacture of chemicals and salt. A large mass of salt had been stored in a packing house, the mass being about 200 feet long, 40 feet wide, and from 10 to 14 feet high. It became hardened by exposure, so that it was necessary to break it before packing.
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Error to Bay; Shepard, J. Case by Michael Mikolojczak against the North American Chemical Company for personal injuries. From a judgment for plaintiff, defendant brings error. Defendant owns and operates a plant for the manufacture of chemicals and salt. A large mass of salt had been stored in a packing house, the mass being about 200 feet long, 40 feet wide, and from 10 to 14 feet high. It became hardened by exposure, so that it was necessary to break it before packing. The usual method was first to undermine it by making a cut about 3 feet high and from 15 to 18 inches deep across the mass.…
1Opinion of the CourtGrant, J.
(after stating the facts). The first four defenses may be disposed of by saying that they were all controverted questions of fact, and were properly submitted to the jury. If plaintiff was warned or had knowledge that Brookmiller and Potts were about to make the *82fall, or if sufficient warning was given and lie did not hear it, and continued about his work, or stood in dangerous proximity, he was guilty of contributory negligence. If he was not warned, and had no knowledge, then no negligence can be imputed to him. If it was the duty of Brookmiller and Potts to give warning, and they failed to…
2Cases cited11 opinions
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Harrison v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1890
- Schroeder v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1894
- Hoar v. MerrittMichigan Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bank of Jonesboro v. CarnesSupreme Court of Georgia · 1939
- Guest v. Edison Illuminating Co.Michigan Supreme Court · 1907
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Corey v. Joliet Bridge & Iron Co.Michigan Supreme Court · 1908
- Holt Manufacturing Co. v. ThomasWashington Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.