150 Mich. 488 | Mich. | 1907
This is an action of trespass on the case, brought to recover damages for personal injuries of the plaintiff, caused by the alleged negligence of the defendant, while in its employ at one of its sawmills. The trial judge directed a verdict for defendant.
It is insisted on the part of the plaintiff that the court erred, first, in not submitting the case to the jury, and, second, in not permitting the introduction in evidence of an X-ray photograph. The plaintiff was an adult and at the time of the accident had worked at intervals for five or sis years in and about the mill. Outside the mill and running parallel to it and to each other were two railroad tracks. Upon these tracks open cars were placed side by .side. The car nearest the mill was reached from the upper story of the mill through a short chute. The outside car was reached by a longer chute which passed over the track nearest the mill. Inside the mill was a saw which cut the slabs and other debris inio short pieces which then passed to a chain conveyor which took them to the head of the two chutes. At the head of the chutes on the wall of the mill were slides and by changing them •the wood was thrown into one chute or the other as was desired. Only one car was filled at a time but the conveyor ran continually. The plaintiff was at work in the dust house about 10 o’clock p. m., when he was requested by the foreman to go with him and help move the loaded car on the outside track. The cars were moved with a car pusher. Lanterns were furnished the employes but none was taken at this time. The plaintiff testified:
‘ ‘ When I got to where the cars which were to be moved were, a slab came and struck me on the arm, and it also struck Charles Olson on the back. I was about four or five feet from the car when this happened. The piece of wood which struck me came from the chute from above the car, from the same chute that had loaded the car. I could hear it coming. The chunk was about four feet long, one foot wide and seven or eight inches thick; it struck me on the right arm. ”
Mr. Olson testified that in his judgment the wood did
This conclusion makes it unnecessary to discuss the other assignment of error.
Judgment is affirmed.