18 N.W. 812 (Mich. 1884), Sjogren v. Hall

Citation:18 N.W. 812, 53 Mich. 274
Opinion Judge:COOLEY, C.J.
Party Name:SJOGREN v. HALL.
Attorney:[53 Mich. 275] Cook, De Long & Fellows, for plaintiff. Smith, Nims, Hoyt & Erwin, Keating & Dickerman, and Blair Kingsley, for defendants and appellants.
Judge Panel:CAMPBELL and SHERWOOD, JJ., concurred. CHAMPLIN, J., did not sit in this case.
Case Date:April 09, 1884
Court:Supreme Court of Michigan
 
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Page 812

18 N.W. 812 (Mich. 1884)

53 Mich. 274

SJOGREN

v.

HALL.

Supreme Court of Michigan

April 9, 1884

The proprietors of mills, or places where machinery is used, are not bound to provide against every possible accident that can happen, the probability of which is not suspected by either the proprietors or employes until it occurs.

The defendants herein were not bound to protect the revolving wheel between the arms of which the plaintiff's leg was crushed; the occurrence was an accident very unlikely to happen, and not anticipated by either party, though it appeared afterwards how it could have been avoided.

Error to Muskegon.

Page 813

[53 Mich. 275] Cook, De Long & Fellows, for plaintiff.

Smith, Nims, Hoyt & Erwin, Keating & Dickerman, and Blair Kingsley, for defendants and appellants.

COOLEY, C.J.

This is an action to recover damages for an injury which the plaintiff claims to have received through the negligence of the defendants. In the circuit court the plaintiff recovered a large verdict. The material facts are the following:

The defendants are joint owners of a steam saw-mill at Muskegon. In September, 1882, three of the defendants were operating the mill, and it is claimed that the fourth was so interested in the results of the business as to be jointly liable with the others for negligent management. A large force of hands is employed in the mill when it is in operation. It stands with one end to the lake, and the logs are taken directly from the water to the log deck. The log-way for this purpose is an inclined trough-shaped way, in the bottom of which runs an endless chain, with spikes upon it, which take hold upon the log and carry it up the trough to a spike roller, which catches it and rolls it to one side on the log deck. The chain and [53 Mich. 276] the spiked roller are moved and controlled by a large iron gearing-wheel, or bull-wheel, at the upper end of the log-way. The wheel gearing has a lever attached, which is operated by a man in charge, who throws the wheel in and out of gear at pleasure, and moves or stops the logs as occasion may require. It sometimes happens that a crooked log, in coming up, will roll to one side or the other, and that the man in charge will need assistance to bring the log back to its place. When he does so, he calls for help, and this help is furnished by some one employed on the same...

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