Charron v. Union Carbide Co.
Michigan Supreme Court
Error to Chippewa; Steere, J. Case by Barthelmy Charron, administrator of the estate of Michael J. Moriarity, deceased, against the Union Carbide Company for the negligent killing of plaintiff's intestate. There was judgment for plaintiff, and defendant brings error. The defendant is engaged in the manufacture of calcium carbide, a commercial product used in the generation of acetylene gas, a brilliant illuminant, extensively used in the various forms of commercial lighting.
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Error to Chippewa; Steere, J. Case by Barthelmy Charron, administrator of the estate of Michael J. Moriarity, deceased, against the Union Carbide Company for the negligent killing of plaintiff's intestate. There was judgment for plaintiff, and defendant brings error. The defendant is engaged in the manufacture of calcium carbide, a commercial product used in the generation of acetylene gas, a brilliant illuminant, extensively used in the various forms of commercial lighting. Defendant’s plant is an extensive one, consisting of two very large buildings and several smaller ones. A minute…
1Opinion of the CourtGrant, C. J.
{after stating the facts). 1. The evidence conclusively shows that the defendant knew that a combination of water, carbide, air, and a spark would produce an explosion. It was its duty to take every precaution possible to avoid such a condition. The defendant was also chargeable with knowledge that there was carbide in the pit of the elevator; that- the floor was so constructed that water falling upon it would reach the pit; that sparks were produced in the elevator, and that a combination of these was likely to produce disastrous consequences. So far, therefore, from this being an accident…
2Cases cited5 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- McDonald v. Michigan Central RailroadMichigan Supreme Court · 1895
- Balhoff v. Michigan Central RailroadMichigan Supreme Court · 1895
- Geller v. Briscoe Manufacturing Co.Michigan Supreme Court · 1904
3Cited by7 opinions
- J. B. Colt Co. v. ReadeMichigan Supreme Court · 1922
- Lobenstein v. Whitehead & Kales Iron Co.Michigan Supreme Court · 1914
- Danula v. Quincy Mining Co.Michigan Supreme Court · 1911
- Courtois v. King Paper Co.Michigan Supreme Court · 1912
- Lewis v. PhelpsMichigan Supreme Court · 1932
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