Michigan Reports (Volume 194); Cases Decided in the Supreme Court of Michigan (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1918. Not illustrated. Excerpt: ... plaintiff was set to labor was in itself safe. It was made unsafe only through the act of himself or his fellow employees, and was constantly changing. Under such circumstances the doctrine of "safe place" does not apply. We have held that where the workman must make his own place to carry on his work, the principle is inapplicable. Andrews v. Mining Co., 180 Mich. 72 (146 N. W. 394); Kochin v. Copper Co., 181 Mich. 543 (148 N. W. 252); Koskell v. Mining Co., 182 Mich. 586 (148 N. W. 699). The master is not negligent in failing to furnish a place safe as against apparent and obvious dangers. Soderstrom v. Lumber Co., 114 Mich. 83 (72 N. W. 13); Nephew v. Whitehead, 123 Mich. 255 (81 N. W. 1083). As to the plaintiff's knowledge of the dangers surrounding him in the work upon which he was engaged, he testified upon cross-examination in part as follows: "Q. While you were working there with Lefevre, you heard men working in the woods, on all sides of you, didn't you? "A. Yes, sir. * * * "Q. Didn't hear any saws--heard men chopping? "A. Yes, sir. * * * "Q. You realized the position you were in, and hearing the men chopping around you, that you might be hurt by a tree falling, didn't you? "A. Yes, sir. "Q. And you knew that as you would move about in the bush, you would have to look out for such things, didn't you? "A. Yes, sir. * * * "Q. You had cut cedar before, hadn't you? "A. Yes, sir. "Q. And had been in the woods for six or seven years, both in Michigan and Minnesota? "A. Yes, sir. "Q. And had all kinds of forest products, such as we have in Chippewa county, hadn't you, before this time? "A. Yes; all kinds of wood. "Q. You had cut down trees a great many times? "A. Yes, sir. "Q. You knew before taking employment with Mr. Bennett that a tree sawed at t...