Robbins v. Magoon & Kimball Co.
Michigan Supreme Court
Error to Muskegon; Sullivan, J. Case by William A. Robbins, administrator of the estate of William J. Robbins, deceased, against the Magoon & Kimball Company for the negligent killing of plaintiff’s intestate. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtOstrander, J.
The principal contention of appellant is that there was introduced by plaintiff no testi*202mony tending to prove the negligence of the defendant. It appears that plaintiff’s intestate was employed by defendant as helper or assistant to a teamster, who was in charge of a wagon and a team of mules used in delivering ice. It is alleged that one of the mules was vicious and in the habit of kicking, and that he kicked plaintiff’s intestate, inflicting injuries which resulted in his death. This was in June, in the year 1913. Knowledge that the mule was vicious and in the habit of kicking is imputed to…
2Cases cited4 opinions
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Bradburn v. Wabash RailroadMichigan Supreme Court · 1903
- McGinnis v. Canada Southern Bridge Co.Michigan Supreme Court · 1882
- Robbins v. Magoon & Kimball Co.Michigan Supreme Court · 1915
3Cited by3 opinions
- People v. ZimmermanMichigan Supreme Court · 1971
- Stevenson v. DourosSouth Dakota Supreme Court · 1931
- Halley v. Ohio Valley Electric Ry. Co.West Virginia Supreme Court · 1922