Swagman v. Swift and Co.

Plaintiff, Benjamin E. Swagman, appeals from a summary judgment granted to defendant, Swift and Company, on June 13, 1966, in the Ingham county circuit court. Plaintiff’s appeal centers upon counts 4, 5 and 7 of his third amended complaint dated March 30, 1964, which plaintiff contends raised factual issues that were improperly disposed of by summary judgment pursuant to GCR 1963, 117.

Counts 4 and 5 of the amended complaint present substantially similar questions and will therefore be considered together. Count 4 states that on June 12, 1963, in the presence of Robert W. Love, Mr. W. L.…