Koehler v. Abey
Michigan Supreme Court
Error to Wayne; Murfin, J. Case by Frederick Koehler against Daniel W. Abey and Edwin C. Palmer, copartners as the Detroit Wood Pulley Company, for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. The plaintiff was employed by defendant in August, 1907, at work upon a planer or jointer. He was injured, and ascribes his injury to the fact that the machine was not guarded.
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Error to Wayne; Murfin, J. Case by Frederick Koehler against Daniel W. Abey and Edwin C. Palmer, copartners as the Detroit Wood Pulley Company, for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. The plaintiff was employed by defendant in August, 1907, at work upon a planer or jointer. He was injured, and ascribes his injury to the fact that the machine was not guarded. He alleges in his declaration the duty of defendant to guard and protect the jointer knives, the further duty to comply with the statute requiring the…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). The learned trial judge expressed his views in the following language:
“It does not seem to me, in view of the fact that the burden of proof in cases of this description is upon the plaintiff, and in view of the fact that the plaintiff must make out a prima facie case before there is anything to be submitted to the jury, that a jury can be permitted to guess from documentary evidence originating with a live witness whether or not his * * * recollection is a prompted recollection or not. And, when he is unable to say to you that he gave the notice contemplated by the…
2Cases cited5 opinions
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Spalding v. LoweMichigan Supreme Court · 1885
- Fisher v. KyleMichigan Supreme Court · 1873
- Draper v. BrownMichigan Supreme Court · 1908
- Lucker v. LiskeMichigan Supreme Court · 1897
3Cited by16 opinions
- People v. DellabondaMichigan Supreme Court · 1933
- People v. HobsonMichigan Supreme Court · 1963
- Johnson v. Union Carbide Co.Michigan Supreme Court · 1912
- Koch v. PearsonAppellate Court of Illinois · 1920
- Battle Creek Food Co. v. KirklandMichigan Supreme Court · 1941
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