Voigt v. Michigan Peninsular Car Co.
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by William D. Voigt, administrator of the estate of Charles Lindow, deceased, against the Michigan Peninsular Car Company, to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
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Error to Wayne; Carpenter, J. Case by William D. Voigt, administrator of the estate of Charles Lindow, deceased, against the Michigan Peninsular Car Company, to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff’s intestate, Charles Lindow, was employed as fireman by the defendant company, and on the night of October 13th was in exclusive charge of the fire room. There were six boilers in the room. The steam from them was conveyed…
1Opinion of the CourtGrant, J.
(after stating the facts). The instruction was correct. No complaint was made that the joints were not properly constructed. Plaintiff’s own witnesses testified* that the leaking of water and of steam was no indication that the joint was unsafe, or that there was danger of an explosion in consequence thereof. In other words, it was not a signal of danger. The joint had been leaking for a long time, and it is in evidence that leaks at such joints are common. There is no evidence to show that an inspection would have revealed a defect. The explosion itself is no evidence of negligence. The…
2Cases cited3 opinions
- Robinson v. Charles Wright & Co.Michigan Supreme Court · 1892
- Redmond v. Delta Lumber Co.Michigan Supreme Court · 1893
- Miller v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1892
3Cited by4 opinions
- Ashcraft v. Davenport Locomotive WorksSupreme Court of Iowa · 1910
- Omaha Packing Co. v. MurrayAppellate Court of Illinois · 1904
- Merryman v. HallMichigan Supreme Court · 1900
- Guido v. Detroit Stove WorksMichigan Supreme Court · 1915