Goga v. American Car & Foundry Co.
Michigan Supreme Court
Error to Wayne; Brooke, J. Case by Stephen Goga against the American Oar & Foundry Company for personal injuries. There was judgment for defendant notwithstanding a verdict for plaintiff, and plaintiff brings error. Plaintiff was employed by the defendant as operator bf a large machine known as “ Shear No. 4,” used for the purpose of cutting steel plates. The machine consisted of a steel table 12 feet long by 12 or 14 inches wide, standing about 3 feet above the floor.
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Error to Wayne; Brooke, J. Case by Stephen Goga against the American Oar & Foundry Company for personal injuries. There was judgment for defendant notwithstanding a verdict for plaintiff, and plaintiff brings error. Plaintiff was employed by the defendant as operator bf a large machine known as “ Shear No. 4,” used for the purpose of cutting steel plates. The machine consisted of a steel table 12 feet long by 12 or 14 inches wide, standing about 3 feet above the floor. The shear had a large knife weighing 4,000 pounds, operated by hydraulic pressure. When the knife is raised, preparatory to…
1Opinion of the CourtGrant, J.
(after stating the facts). The ruling of the learned circuit judge as to the assumption of the risk was correct. Plaintiff was 27 years old, had been at work in defendant’s shop for four years, and had operated this machine for one year. He perfectly understood its operation and the cause of the knife’s repeating. There was nothing intricate about the construction of the lever, the object of the weight, its moving, and the reason therefor. He explained the operation clearly and intelligently. He knew that, if the weight was loose, it would, when raised, move towards the fulcrum. He knew and…
2Cases cited4 opinions
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Rohrabacher v. WoodardMichigan Supreme Court · 1900
- Fischer v. GoldieMichigan Supreme Court · 1903
- Mackey v. Newberry Furnace Co.Michigan Supreme Court · 1899
3Cited by4 opinions
- Trent v. Lechtman Printing Co.Missouri Court of Appeals · 1910
- Riffel v. Union Truck Co.Michigan Supreme Court · 1914
- Wilson v. Escanaba Woodenware Co.Michigan Supreme Court · 1908
- Lapier v. Beaubien Ice & Coal Co.Michigan Supreme Court · 1910