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...
General Books LLC
|Country of origin:
Michigan. Supreme Court
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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