McDonnell v. Central Drug Co.
Michigan Supreme Court
Error to Wayne; Murfin, J. Case by Ella McDonnell, administratrix of the estate of Michael McDonnell, deceased, against the Central Drug Company for the negligent killing of plaintiff’s intestate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.
1Opinion of the CourtHooker, J.
The plaintiff’s intestate and husband was killed by the explosion of a soda fountain tank while he was engaged in charging it. In an action brought to recover damages for his death, a verdict was rendered in defendant’s favor by direction of the trial judge upon the ground that negligence of the defendant was not proven, or, to be more specific, we understand that the learned circuit judge was of the opinion that the testimony in the case left the cause of the accident a matter of conjecture merely, and that it was quite as consistent from the testimony to conclude that it was caused by a…
2Cited by2 opinions
- Williams v. WoodMichigan Supreme Court · 1932
- McDonnell v. Central Drug Co.Michigan Supreme Court · 1912