Riedel v. Moran, Fitzsimons Co.
Riedel v. Moran, Fitzsimons Co.
Opinion of the Court
On May 26, 1892, plaintiff was passing defendant’s place of business on Woodward avenue, city of Detroit, when he was struck by a barrel of sugar,, which was suddenly and without warning or notice rolled out of the defendant’s store upon the sidewalk in front. Plaintiff was seriously injured, and brings this action for-damages thus sustained.
Plaintiff’s contention in the court below was, and the same claim is made here, that the testimony showed that defendant gave directions to the men how to handle the freight going out of the store for shipment, and consequently the- men were under the immediate charge and control of the defendant, and for any acts of negligence of the men the defendant became liable. The testimony does not support plaintiff’s contention. The defendant simply pointed out the goods that were to be carted, and their destination. It did not control the manner in which they should be transferred to the trucks, nor the route that should be taken in taking them to their destination. The case is governed by De Forrest v. Wright, 2 Mich. 368, in which the question is well considered, the authori
The judgment is affirmed.
Reference
- Full Case Name
- Peter Riedel v. Moran, Fitzsimons Company, Limited
- Cited By
- 12 cases
- Status
- Published