Kehoe v. Allen

• Decision Date: 01 July 1892
• Citation: 92 Mich. 464,52 N.W. 740
• Court: Michigan Supreme Court
• Parties: KEHOE v. ALLEN et al.

52 N.W. 740

92 Mich. 464

KEHOE v. ALLEN et al.

Supreme Court of Michigan

July 1, 1892

Error to circuit court, Wayne county; HENRY N. BREVOORT, Judge.

Action by John Kehoe against Lloyd N. Allen and another. From a judgment for defendants, plaintiff brings error. Affirmed.

William Look and H. F. Chipman, for appellant.

Wells, Angell, Boynton & McMillan for appellees.

MONTGOMERY J.

Plaintiff sued to recover for personal injuries. The circuit judge directed a verdict for the defendants, and the sole question presented by the assignments of error is whether the testimony adduced entitled the plaintiff to have his case passed upon by the jury. The plaintiff is a molder by trade 27 years old, and has had 12 years' experience in foundry work. The declaration avers, in substance, that plaintiff was called upon to assist in pouring heated metal into a certain mold prepared by others in the employ of defendants, and that he proceeded to and did pour said heated metal into certain molds prepared as aforesaid; and after plaintiff had completed the pouring, and had filled a part of said molds with such heated metal, and plaintiff had started and partially filled a certain other mold, prepared as aforesaid the said heated metal ran out of the side of said molds, because the same was improperly made and plugged, and scalded and burned one of the feet of said plaintiff. Plaintiff's counsel in their brief complain of certain rulings of the court in excluding testimony offered by the plaintiff, but, as no error is assigned upon these rulings of the court, we must dispose of the case upon the evidence adduced. The testimony which was received shows that the molds into which the metal is poured are made by the employes of the defendants; that the mold in question was made by one Stewart. In making these molds pockets or flasks are used to hold the sand in place. In preparing the mold the two parts of the flask are separated. The lower half of the flask is first imbedded in damp molding sand in the drag. The cope is then placed upon the drag, and damp sand is packed upon the top of the pattern until the cope is filled. The two parts of the flask are again separated, and the pattern is removed. The cope is then replaced upon the drag, and fastened to it with clamps. Within is the hollow space which corresponds to the pattern, and which is to receive the molten iron. Pouring holes are provided, varying in number...