The circumstances of the injury suffered by the plaintiff, for which a recovery is sought in this action, may be thus stated in brief:
The plaintiff was in the service of the defendant, as a “boiler maker’s helper,’’ or assistant, at its repair shops at Barnesville, consisting, in part, of a machine shop, boiler shop, and blacksmith shop. Bach shop was in charge of a foreman, and there was a general foreman, over the whole. A locomotive upon which repairs were being made was standing in one of these shops, over a pit provided for convenience in working under locomotives. A flue sheet was to be put in place in the front end of the fire box. It is a sheet of iron weighing about three hundred and fifty pounds. There is no uniform method of lifting the flue sheet into its proper place. It is sometimes raised by hand, but the more common way is to use the mechanical
The plaintiff was called by the foreman to go from another place in the shop where he was working, to assist in raising the flue sheet into its place. He went into the fire box, and found the apparatus already adjusted for this purpose. The block had been fastened to the crown sheet by a hook. A boiler maker named Brennan was in the fire box, and two boiler makers’ helpers, besides the plaintiff, were at hand. The plaintiff, standing on some planks laid across the pit under the fire box, proceeded, by means of the block and tackle, to raise the flue sheet. The hook to which the apparatus was attached broke, causing the flue sheet to fall, and thereby the plaintiff was injured. It was then discovered that the hook had been previously cracked, or broken partly through, the defect being such as would have been obvious upon examination. The sole question is whether by reason of this defect in the hook the defendant is responsible. A verdict was returned for the defendant by direction of the court.
There was little, if any, real controversy as to the facts, and the court was right in directing the verdict for the defendant. Hooks, such as were used on this occasion, and such as were commonly used for similar purposes, were to be found lying around the shop, as the plaintiff admits, and were procured or selected by foremen or laborers as their work might require; or, if necessary, they would have one made by the blacksmith, or the boiler maker would make one himself. A hook suitable for such purposes would be formed by bending an iron rod into the desired shape, and iron rods were provided which might be used for such purposes. It was the simplest kind of a device, or adaptation of means, for performing the •work which constituted the ordinary mechanical employment of these
The case is clearly determined by numerous decisions of this court: Brown v. Winona & St. P. R. Co., 27 Minn. 162, (6 N. W. Rep. 484;) Fraker v. St. Paul, M. & M. Ry. Co., 32 Minn. 54, (19 N. W. Rep. 349;) Lindvall v. Woods, 41 Minn. 212, (42 N. W. Rep. 1020;) Fraser v. Red River Lumber Co., 45 Minn. 235, (47 N. W. Rep. 785;) Hefferen v. Northern Pac. R. Co., 45 Minn. 471, (48 N. W. Rep. 1, 526;) Corneilson v. Eastern Bailway Co., 50 Minn. 23, (52 N. W. Rep. 224.)
Order affirmed.