A.B. BEARD & SON v. MINISTRELLI CONSTR. CO.

Calendar No. 14, Docket No. 49,882.

372 Mich. 364 (1964)

126 N.W.2d 695

A.B. BEARD & SON v. MINISTRELLI CONSTRUCTION COMPANY.

Supreme Court of Michigan.

Decided March 5, 1964.


Attorney(s) appearing for the Case

Robert J. Kelly, for plaintiff.

Morton H. Collins, for defendant.


BLACK, J.

June 17, 1960, A.B. Beard (he and his son do an earthmoving business) was clearing land for subdividing. Mr. Beard noticed a leak in the radiator of the firm's 16-ton bulldozer and shut off the motor. Examination showed that a stick had punctured the radiator. Mr. Beard then started the motor, moved the bulldozer some 50 or 60 feet away (from a brush fire) and parked it.

Two days later one of the defendant...

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