108 Minn. 485 | Minn. | 1909
Action to recover for personal injuries, in which plaintiff had a verdict, and defendant appealed from- an order denying its alternative motion for judgment notwithstanding the verdict or a new trial. The trial court granted a new trial, but denied that part of the motion demanding a final judgment for defendant. The only question presented on this appeal is, therefore, whether in any view of the evidence plaintiff has a cause of action against defendant.
The facts are as follows: Defendant is a railroad corporation, or
Plaintiff’s theory of the action at the trial was that defendant was under legal obligations to provide its employees, including plaintiff, with a reasonably safe place in which to do their work, and to protect them from dangers unknown to them while rightly upon its premises, and that it failed in the performance of this duty, and is liable for all injuries sustained in consequence of its failure. The trial court sent the case to the jury upon this theory, and they found gen-f erally in plaintiff’s favor.
It is contended by defendant (1) that the evidence conclusively shows that Roberts, the well digger, was an independent contractor, over whom it had no control, either respecting the manner of doing his work or the instrumentalities used; and (2) that plaintiff, in going upon the spot of ground where the boiler was located, did so for his own convenience, without any express or implied invitation from defendant, and was not then a servant of defendant, but a mere licensee, and that' defendant owed him no active vigilance for his protection.
1. We are unable to sustain either of these contentions. Defendant was under legal obligation to provide plaintiff, its servant, a reasonably safe place in which to do his work, or, as more accurately expressed, to exercise reasonable care to so provide. This necessarily included protection from unknown danger while rightfully upon defendant’s premises, and such as reasonable prudence on defendant’s part would have guarded against. It could not avoid the performance of that duty by delegating it to others, nor shield itself by sending upon its premises, still under its general control, and where its servants
As remarked by the court in The Magdaline (D. C.) 91 Fed. 798: “A master may not place his servant at a work made dangerous by the nature of the work of other servants, or persons performing work under contract, without due effort to furnish adequate protection, and, when injury arises, escape upon the plea that, but for the negligence of a co-servant or third person employed on the premises, the injury would not have happened. A servant may expect that his master will not surround him with dangerous agencies, * * * whether they are in charge of the master’s servants or of an independent contractor.” See also Burnes v. Kansas City, 129 Mo. 41, 31 S. W. 347; Sackewitz v. American, 78 Mo. App. 144; Woodman v. Metropolitan, 149 Mass. 335, 21 N. E. 482, 4 L. R. A. 213, 14 Am. St. 427.
The duty to provide a safe place to work is absolute, nondelegable, and it is clear that in a case like that at bar the master cannot shield himself by the plea that the place provided by him was made dangerous and unsafe by his independent contractor. In a situation like the present, installing an independent contractor for a certain specific purpose, to be performed in and about the place provided for his own servants, still retaining the general control over his premises, the master must either suspend his own work or take active measures to protect his servants from the negligence of the independent contractor. In no other way can he perform his duty to his own servants respecting the obligation to furnish them a reasonably safe place to work. The authorities may be somewhat conflicting upon this proposition;
It is further urged in this connection that there is no evidence that defendant knew or had reason to believe that the contractor’s boiler was unsafe or defective. But this clearly is no answer to the charge of neglect of duty. Had this particular boiler been operated by defendant, its obligation to plaintiff would have required an inspection thereof and an exercise of reasonable care to keep it in condition suitable for its work. 4 Thompson, Neg. 3926. Though the boiler was not an instrumentality furnished by defendant for use by its employees, it permitted it to be placed upon its premises, where its servants were at work, thus, in its defective condition, rendering the place of work unsafe, and the duty of inspection existed. -The evidence shows that the boiler was old and out of repair, extremely dangerous to the life and limbs of those working in its vicinity, and that a casual inspection thereof would have disclosed this condition to defendant. There is no claim that defendant ever attempted to inspect it, or otherwise protect its servants from danger of injury from that source. The evidence made this a question for the jury.
2. But it is further claimed that plaintiff was not at the place provided for the performance of his work, but, on the contrary, was at the boiler for his own convenience; that he was not a servant of defendant at the time, but a mere licensee, and entitled to no protection as a servant. A large number of cases are cited in support of this contention, and, if sound, it disposes of the case adversely to plaintiff’s right of action. The position, however, does not meet with our view of the law. The authorities are hopelessly at variance upon this point, though, as we believe, the weight of reason is opposed to the view of defendant. The authorities are collected in a note to Taylor v. Bush, 12 L. R. A. (N. S.) 853.
In the case at bar it appears that defendant’s employees were given a half hour for the noon rest; that each employee brought his luncheon with him and ate it upon defendant’s premises in the vicinity of the work; that the men were expected to remain upon the premises, and did so remain with the knowledge, consent, and upon the implied invitation of defendant, picking out such dry places upon the premises
The case of Olson v. Minneapolis & St. L. R. Co., 76 Minn. 149, 78 N. W. 975, 48 L. R. A. 796, is different in its facts from that at bar, and is not in point. In that case plaintiff, a brakeman, left his caboose at the end of his journey, about 2:50 p. m., went to his boarding place, and at about seven o’clock in the evening returned to the yards in search of the caboose, in which he had left his clothing, and he was injured. It was held properly that the relation of the master and servant did not exist at the time he was looking for his clothing. There was neither express nor implied permission to go upon the defendant’s premises for that purpose.
Neither is the ease of Benson v. Chicago, St. P., M. & O. Ry. Co., 78 Minn. 303, 80 N. W. 1050, in point. There the railroad employees had ceased their work and were returning to their boarding cars on hand cars furnished by the company, and plaintiff therein was injured, by the reckless conduct of those in charge of one of the cars in propelling it violently against a preceding car. The court held that during the time the men were proceeding to their boarding place on hand cars they were, “as between themselves,” not servants of the company, and there was no liability for the negligent conduct of those who caused the accident complained of. Such is not this case. Here the men were still upon the premises of defendant at their place of work, with its knowledge, consent, and implied invitation, and within the authorities cited, as well as upon principle, they were servants, and not licensees, in so far as involves defendant’s obligation to protect them. Parkinson v. Riley, 50 Kan. 401, 31 Pac. 1090, 34
We have examined the Wisconsin cases cited by defendant, and find none of them in .their facts at all like the case at bar. A careful reading of the opinions of that court sustains the general view here expressed. The trouble with the particular cases was that there was no express or implied invitation to the servants to remain upon the master’s premises, or to be thereon, at the time or place of injury. This disposes of the case.
Order affirmed.