Klein v. Detroit Metallic Casket Co.

The plaintiff, a funeral director of Birch Run, Michigan, was injured on the morning of February 24, 1949, while assisting the defendant Olin Cornell in the unloading of a 200-pound metal casket from the truck of the defendant Detroit Metallic Casket Company. The casket had been purchased from the defendant company and Cornell, the driver of the truck, was making the delivery.

At the time, there were 7 caskets on the truck and the particular casket to be delivered to the plaintiff was on the top tier approximately 5-1/2 feet above ground level. At Cornell’s request, the 2 of them slid the…