Legal Opinion

Balle v. Detroit Leather Co.

Michigan Supreme Court

Decided January 11, 1889PublishedCited by 10 opinions

Error to Wayne. (Brevoort, J.) Negligence case. Plaintiff brings error. The facts are stated in the opinion. 1. Facts as to the establishment of contributory negligence should go to the jury; citing Smith v. Car Works, 60 Mich. 508; Manning v. Railroad Co., 59 Id. 259; Staa.1 v. Railroad Co., 57 Id. 239; Guggenheim v. Railway Co., Id. 488, 494; Klanowski v. Railway Co., Id. 525; Geveke v. Railroad Co., Id. 589; HasSemyer v. Railroad Co., 48 Id. 207; Teipel v. Hilsendegen, 44…

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Error to Wayne. (Brevoort, J.) Negligence case. Plaintiff brings error. The facts are stated in the opinion. 1. Facts as to the establishment of contributory negligence should go to the jury; citing Smith v. Car Works, 60 Mich. 508; Manning v. Railroad Co., 59 Id. 259; Staa.1 v. Railroad Co., 57 Id. 239; Guggenheim v. Railway Co., Id. 488, 494; Klanowski v. Railway Co., Id. 525; Geveke v. Railroad Co., Id. 589; HasSemyer v. Railroad Co., 48 Id. 207; Teipel v. Hilsendegen, 44 Id. 461. 2. All of the law upon the subject of the mutual rights of master and servant must be taken with the…

1Opinion of the CourtLong, J.

This is an action of trespass on the case, brought in the "Wayne circuit court, to recover damages resulting from the death of Peter Baile, by the negligence of defendant, while he was employed in defendant's tannery in the city of Detroit. The court below on the trial directed a verdict for defendant. Plaintiff brings error.

Baile was about 38 years of age at the time of his death. He left a widow and six children surviving him. He entered defendant's employment on January 3, 1887, and was drowned in one of defendant's tan vats, February 18, following. Before entering the service of…

2Cases cited1 opinion

  1. Swoboda v. WardMichigan Supreme Court · 1879

3Cited by10 opinions

  1. Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
  2. Manning v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1895
  3. Reilly v. NicollWest Virginia Supreme Court · 1913
  4. Fisher v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1889
  5. Willis v. Besser-Churchill Co.Michigan Supreme Court · 1901

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