Home/Michigan Supreme Court/Barnebee v. Spence Brothers

Barnebee v. Spence Brothers

116 N.W.2d 49, 367 Mich. 46, 1962 Mich. LEXIS 394
CourtMichigan Supreme Court
DecidedJuly 2, 1962
DocketDocket 52, Calendar 49,488
StatusPublished
Cited by20 cases

This text of 116 N.W.2d 49 (Barnebee v. Spence Brothers) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnebee v. Spence Brothers, 116 N.W.2d 49, 367 Mich. 46, 1962 Mich. LEXIS 394 (Mich. 1962).

Opinion

Black, J.

This common-law negligence case was tried to court and jury in the Genesee circuit. Defendant moved in due time for a directed verdict in its favor. The motion was denied and reserved and the case was given to the jury. The jury returned a verdict for plaintiff and assessed damages in the sum of $39,000. * On motion the trial judge set the verdict *48 aside and entered judgment for defendant. Plaintiff appeals.

We examine the case, of course, upon view of the testimonial record in that light which is most favorable to the plaintiff. Defendant, by its presently tested motion for judgment notwithstanding the jury’s verdict, has for the purposes of such motion stipulated all that the plaintiff may rightfully claim from the adduced proof. Detroit & Milwaukee R. Co. v. Van Steinburg, 17 Mich 99, 118.

September 25,1959, defendant as general contractor was engaged in construction of a new osteopathic-hospital in Flint. Defendant’s employees as well as the employees of several subcontractors were working, more or less in relative proximity, upon various phases of such construction. Plaintiff was working as an employee of one of the subcontractors, called “Reinforced Steel” in the record. Utilizing for the purpose a crane with extended boom, Reinforced Steel was lifting slabs of specially finished heavy siding from the ground to elevated positions for attachment to the buildings then being erected. Plaintiff, assisting the crane operator, was working-on and about a low concrete platform when defendant’s 32-foot extension ladder fell upon him. The position of the ladder, prior to its fall, and plaintiff’s relevant claim of actionable negligence, will now appear.

By the helpful coincidence of “progress photography” a photo of the construction job and of the portentous scene of plaintiff’s injury was taken during the morning, but a few hours prior to the time of such injury. The photographer was facing east toward the portrayed and partially constructed brick chimney, the steel scaffolding surrounding the chimney, and the defendant’s said ladder leaning against the topmost part of such scaffolding. The photograph, exhibit 4, appears in the margin.

*49

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hall v. Wood
181 N.W.2d 924 (Michigan Court of Appeals, 1977)
Farwell v. Keaton
240 N.W.2d 217 (Michigan Supreme Court, 1976)
Lover v. Sampson
205 N.W.2d 69 (Michigan Court of Appeals, 1972)
Davis v. Thornton
180 N.W.2d 11 (Michigan Supreme Court, 1970)
Koehler v. Detroit Edison Co.
174 N.W.2d 827 (Michigan Supreme Court, 1970)
Dobbek v. Herman Gundlach, Inc.
164 N.W.2d 685 (Michigan Court of Appeals, 1968)
Raatikka v. Olin Mathieson Chemical Corp.
155 N.W.2d 205 (Michigan Court of Appeals, 1967)
Savage v. Peterson Distributing Co.
150 N.W.2d 804 (Michigan Supreme Court, 1967)
Howard v. City of Detroit
139 N.W.2d 677 (Michigan Supreme Court, 1966)
Chamberlain v. Haanpaa
136 N.W.2d 32 (Michigan Court of Appeals, 1965)
St. Louis v. FISHER & COMPANY, INC.
134 N.W.2d 390 (Michigan Court of Appeals, 1965)
Ingram v. Henry
129 N.W.2d 879 (Michigan Supreme Court, 1964)
Emery v. Chesapeake & Ohio Railway Co.
127 N.W.2d 826 (Michigan Supreme Court, 1964)
Todd v. Simonis
121 N.W.2d 847 (Michigan Supreme Court, 1963)
Dismukes v. Michigan Express, Inc.
118 N.W.2d 238 (Michigan Supreme Court, 1962)
McCullough v. Ward Trucking Co.
117 N.W.2d 167 (Michigan Supreme Court, 1962)

Cite This Page — Counsel Stack

Bluebook (online)
116 N.W.2d 49, 367 Mich. 46, 1962 Mich. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnebee-v-spence-brothers-mich-1962.