Roberts v. Sanitas Nut Food Co.
Michigan Supreme Court
Error to Calhoun; Hopkins, J. Case by Ella Roberts, by next friend, against the Sanitas Nut Food Company, Limited, for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant carries on its business in a three-story building. The first floor is slightly above the level of the ground, is composed of cement, and is one room, in which are 11 windows, some composed of six panels of glass and some larger.
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Error to Calhoun; Hopkins, J. Case by Ella Roberts, by next friend, against the Sanitas Nut Food Company, Limited, for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Defendant carries on its business in a three-story building. The first floor is slightly above the level of the ground, is composed of cement, and is one room, in which are 11 windows, some composed of six panels of glass and some larger. About midway of the front of the building is an elevator shaft leading to the two floors above. In the outside wall is an…
1Opinion of the CourtGrant, J.
(after stating the facts). It is urged that the defendant violated its statutory- duty imposed by % Comp. Laws, §§ 5346, 5368, in not providing an automatic gate in front of the shaft. The object of these statutes is to prevent employés and others rightfully upon the premises from .falling into the shaft or well of the elevator. It is doubtful if either section of the statute includes a situation such as is shown by this record. There was no well or shaft in the basement into which an employe might fall. This shaft was close, to the side wall of the building. There was no danger of,injury to…
2Cases cited4 opinions
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Buckley v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1899
- Poindexter v. Benedict Paper Co.Missouri Court of Appeals · 1900
3Cited by4 opinions
- Beghold v. Auto Body Co.Michigan Supreme Court · 1907
- Sorenson v. Kalamazoo Auto Sales Co.Michigan Supreme Court · 1918
- Edward v. Grand Haven Basket FactoryMichigan Supreme Court · 1915
- Bittner v. Dolly Varden Chocolate Co.Ohio Court of Appeals · 1915