Andre v. Winslow Bros. Elevator Co.
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by James A. Andre against the Winslow Brothers Elevator Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant is a corporation engaged in the manufacture and erection of elevators. In 1894 it had a contract to erect five elevators in the Chamber of Commerce, Detroit. Defendant’s chief engineer, named Smith, had general charge of their erection.
Read the full summary
Error to Wayne; Carpenter, J. Case by James A. Andre against the Winslow Brothers Elevator Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant is a corporation engaged in the manufacture and erection of elevators. In 1894 it had a contract to erect five elevators in the Chamber of Commerce, Detroit. Defendant’s chief engineer, named Smith, had general charge of their erection. It had several foremen at work upon different parts of the job. Plaintiff was employed by a foreman named Presto in October, 1894, left in…
1Opinion of the Court
Grant, O. J.
(after stating the facts). The case is so well stated by Judge Steere in setting aside the first ver-' diet that we quote it:
“After carefully reading the testimony, which has been furnished by counsel, I am forced to the conclusion that the doctrine of ‘ fellow-servant ’ applies in this case; and on the undisputed testimony, taken most strongly in favor of the plaintiff, there can be no recovery. At the time of the accident, Keeran was only a working foreman, in charge of the final adjustment of the elevators. He was taking part with Andre in the performance of that labor. The…
2Cases cited7 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
- Cleveland, C., C. & St. L. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1896
- Schroeder v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Belmer v. Boyne City Tanning Co.Michigan Supreme Court · 1910
- Corey v. Joliet Bridge & Iron Co.Michigan Supreme Court · 1908
- Amoe v. Great Lakes Engineering WorksMichigan Supreme Court · 1908
- Lepan v. HallMichigan Supreme Court · 1901
- Owens v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.