101 Minn. 366 | Minn. | 1907
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff had a verdict, and defendant appealed from an order denying his alternative motion for judgment or a new trial.
The main facts leading up to the injury complained of are as follows: Defendant was engaged in the construction of a building for the Northern Power Company at Duluth. In connection with the work he employed several crews of men and laborers, among them a crew engaged in operating a derrick, used in lifting and placing in position heavy articles of building material. This crew was under the direction of a foreman named Hood, who possessed the power and authority usually given to persons occupying that position. Plaintiff was in defendant’s employ as a member of this crew. His specific duties were those of a
It is contended by plaintiff that Hood, the foreman in charge of the work, was a vice principal, and that the injury complained'of resulted solely from his failure to provide plaintiff a safe place to work, or more particularly in rendering the place unsafe and dangerous by directing the engineer in charge of the engine which operated the derrick, without notice or warning to plaintiff, to start the machinery in motion while he was engaged in connecting the steam hose. This question was submitted to the jury by the trial court, and the verdict sustains plaintiff’s view of the case. Certain of the assignments of error in this court challenge the sufficiency of the evidence to sustain the verdict on this subject, while other assignments raise other questions. As our conclusion upon this branch of the case results in a reversal of the order appealed from, we do not consider any of the other questions. Whatever errors are shown in the record are not likely to occur on another trial.
It may be conceded for the purposes of the case that Hood was a
We are unable to discover, from the'evidence presented in the record, any negligence on the part of Foreman Hood respecting any of defendant’s absolute duties sufficient to support a recovery by plaintiff. There was no failure to furnish plaintiff a reasonably safe place in which to perform his work. The operation of derricks of this character is always attended with more or. less danger to persons engaged about them, which the master is not required to guard against. In other words, it is not one of his absolute or personal duties to be present constantly to protect his servants from dangers incident to the ordinary conduct of the work in which they are engaged. Pie is required to keep the place where they are obliged to work free from hidden or concealed ■ dangers, and to give timely warning of those not obvious or apparent.
The order appealed from is reversed. It is not, however, a case for final j’udgment, and a new trial will be granted.