94 Iowa 725 | Iowa | 1895
The defendant is a corporation engaged in the manufacture of brick. The plaintiff was a laborer in the defendant’s brickyard. The defendant’s yard was so located that the clay used in making brick was obtained some distance from the place where the brick was molded, and the material or clay was carried from the clay bank to the manufactory by means of small cars, which run on tracks, and the cars were moved by means of a rope and revolving drum at the building. The plaintiff’s employment in connection with the works was to wind the rope on the drum, and thus draw the loaded cars to the house and dump the clay. The bank where the clay was procured was not an excavation in the earth. It was a perpendicular elevation about twenty feet high, and the clay was removed from the bank by means of a steam .shovel or scoop, which worked or scraped from the bottom of the bank upwards, and when filled it was swung round and emptied info the cars. The derrick upon which the shovel was suspended did not reach to the top of the bank, and, after working on the face of the bank for a time, the top of the bank not reached by the shovel interfered with the work so that it had to be removed. This was usually done by boring into the top of the .bank, and expoding dynamite in the holes. • On the sixteenth day of May, 1891, there was trouble with the overhanging bank, and the plaintiff went up on the derrick or crane with a pick, and attempted to remove the obstruction, so that the work could proceed. After picking at the bank for a short time, a chunk of clay fell and struck the plaintiff on the hand, and injured it so that he was unable to work for some time. As the detached clay came down, the plaintiff had his hand on the iron rod which supported the crane, and the hand was crushed between the rod and the clay.