Peklenk v. Isle Royale Copper Co.
Michigan Supreme Court
Error to Houghton; Streeter, J. Case by Margaret Peklenk, administratrix of the estate of Mike Peklenk, deceased, against the Isle Royale Copper Company for the wrongful death of decedent. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Plaintiff’s decedent was her son, a lad nearly 12 years of age.
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Error to Houghton; Streeter, J. Case by Margaret Peklenk, administratrix of the estate of Mike Peklenk, deceased, against the Isle Royale Copper Company for the wrongful death of decedent. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Plaintiff’s decedent was her son, a lad nearly 12 years of age. On July 1, 1909, the boy’s father, with his family, had moved into a house upon the Hurontown location, at that time, a portion of the property of the defendant company. The whole estate of defendant covered an area approximately three miles…
1Opinion of the CourtBrooke, J.
(after stating the facts). The declaration is composed of three counts. The first two counts predicate liability on the part of the defendant by reason of the statute, 3 Comp. Laws, §§ 11527 and 11528. The third count sets out a common-law duty, the breach of that duty and consequent damage.
The caBe seems to have been tried at circuit upon the theory of a common-law liability only. In this court plaintiff does not urge defendant’s liability under the statute, and we are therefore not called upon to determine its applicability to an opening such as the one which caused the death of plaintiff’s…
2Cases cited1 opinion
- Powers v. HarlowMichigan Supreme Court · 1884
3Cited by5 opinions
- Quisenberry v. Gulf Production Co.Court of Appeals of Texas · 1933
- Anderson v. Newport Mining Co.Michigan Supreme Court · 1918
- Peklenk v. Isle Royale Copper Co.Michigan Supreme Court · 1915
- Dube v. Northwestern Cooperage & Lumber Co.Michigan Supreme Court · 1920
- Anderson v. Newport Mining Co.Michigan Supreme Court · 1918