108 F.2d 228 (6th Cir. 1939), 8353, Bridges v. Dahl

Docket Nº:8353.
Citation:108 F.2d 228
Party Name:BRIDGES v. DAHL.
Case Date:December 14, 1939
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 228

108 F.2d 228 (6th Cir. 1939)




No. 8353.

United States Court of Appeals, Sixth Circuit.

December 14, 1939

Page 229

Ray E. Macallister, of Iron Mountain, Mich., for appellant.

Kelly, Kelly & Kelly, of Detroit, Mich., and Eldredge & Eldredge, of Marquette, Mich., for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal from a judgment of $5,000 in favor of appellee. Appellant insists that the court erred in denying his motion for a directed verdict.

Appellant, C. G. Bridges, doing business under the name of C. G. Bridges Construction Company, during the calendar year 1930, was constructing a public highway in the vicinity of Bark River, Michigan, and, as a part of the project, maintained a workmen's camp composed of several buildings including a shed and garage. During the shut-down in the fall, winter and spring of 1930 and 1931, the construction equipment and explosives used in the prosecution of this work were stored in the garage building.

There is a sharp dispute as to whether the door to this garage was usually securely fastened or open, but there is substantial evidence showing it often remained open and that it was customary for children living near the camp to play about it and the other buildings on the premises. The garage was unfenced and without warning signs, all of which appellant knew. Appellee frequently delivered milk for his father to one of the families living at the camp and played about the garage and other buildings.

Although suit was not brought until after he attained majority, appellee was, at the time of the accident, but fifteen years and four months of age and he and a playmate, Louis Von Enkervort, on March 28, 1931, after delivering milk at the camp, entered the garage where appellant had a box of dynamite caps and took them and also a piece of fuse. At different times thereafter off the premises, appellee exploded some of the caps by placing the fuse in the open end, clamping them together with his teeth and, after lighting the fuse, throwing them. On April 2, 1931, he attempted to explode simultaneously the remaining sixty-one caps, placing a fuse in the open end of one of them, which as he tried to light, exploded throwing powder and pieces of metal violently into his face, causing severe injuries to his upper limbs, to his chest and...

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