87 Mich. 453 | Mich. | 1891
This is an action for personal injuries. The court below directed a verdict for the defendant on the ground that no. negligence on its part had been shown. There was no testimony given on behalf of the defendant, and the case rested upon the showing on the part of the plaintiff.
At the time of the injury plaintiff was 20 years of age, and had been in the employ of the defendant about five months. His duties consisted in making cores in a foundry for iron castings, placing them on a carriage,, pushing the carriage into the drying oven or furnace, lighting the fires, and adjusting an iron door in front of the furnace. The door was made of sheet-iron over an iron frame-work, and was 10 feet high by 6 or 7 feet in width, and weighed between 250 and 300 pounds. It was. moved up and down over the entrance to the furnace by means of a chain fastened to its top, and running up-over a trolley-wheel or fixed pulley, across to another wheel about four feet distant, and from thence down the wall of the foundry nearly to the ground. To this end of the chain a weight was attached, which counter-balanced the weight of the door. It will be seen that when the door was up there was a constant strain on the chain at least equal to the weight of the door. The door, when up, was higher than a person’s head. There was a rim on the inside of the door, or the frame, which was taken hold of by the hands to pull it down. It took two persons to do this.
As plaintiff and another employé, on the 28th of January, 1890, were pulling this door down, the chain
I think the plaintiff made a sufficient showing to go to-the jury, and that the case is ruled by the following cases in this Court: Van Dusen v. Letellier, 78 Mich. 492; Johnson v. Spear, 76 Id. 139; Morton v. Railroad Co., 81 Id. 423; Weiden v. Electric Light Co., 73 Id. 268.
It was the duty of defendant to provide a safe place for plaintiff’s work, and to furnish safe and suitable
The judgment is reversed, and a new trial ordered, with costs of this Court to plaintiff.