Anderson v. N. Mill Co.

• Decision Date: 31 January 1890
• Citation: 42 Minn. 424,44 N.W. 315
• Parties: ANDERSON v NORTHERN MILL CO.
• Court: Minnesota Supreme Court

42 Minn. 424

44 N.W. 315

ANDERSONvNORTHERN MILL CO.

Supreme Court of Minnesota.

Jan. 31, 1890.

(Syllabus by the Court.)

Respondent was employed in appellant's saw-mill by B., who had a contract with said appellant to remove from the mill, and pile in the yard, all lumber as fast as sawed. The work performed by respondent brought him upon a part of a platform frequently made dangerous by reason of heavy timbers which came down upon it from the saws above with great velocity and at irregular intervals. The appellant had adopted and practiced the custom of warning the men upon the platform of the coming of these timbers by means of a signal, usually given by a man or boy standing at the head of the slide or chute through which the timbers were sent, thus affording the workmen an opportunity to avoid the danger. Held, that it was negligence for the appellant to omit the customary and cautionary signal, and that it was not negligence for the respondent, engrossed as he was in his work, to wholly rely upon its being given.

Appeal from district court, Hennepin county; HOOKER, Judge.

Wilson & Van Derlip, for appellant.

Pierce, Arctander & Nickell, for respondent.

COLLINS, J.

This is an action to recover damages for personal injuries received in appellant's saw-mill. The respondent worked for one Bartlett, who had a contract with appellant to remove from the mill, and pile in its yard, all lumber as fast as the same was sawed. The sawing was done in the second story, the boards sliding down an “apron,” so-called, to the main platform in the lower story as they came from the saw, while the heavy timbers came down through a slide or chute. in another place, to the same platform. The respondent's particular occupation was to assist in carrying boards from their landing place, across the platform, to the end of the mill, where they were loaded upon cars, to be conveyed to the piling yard. The heavy timbers came down the slide or chute at irregular intervals, sometimes in rapid succession. They were liable to come at any time, and with a momentum depending upon their size and weight. In order that the men below might have warning of their approach, which was, of course, with great rapidity, and avoid danger, appellant had adopted the precaution of signaling whenever a timber was sent down the slide, and this was usually done by a man or boy, who, standing at the head of the slide, shouted out or whistled to those at work upon the platform. At the...