Clark v. Wolverine Portland Cement Co.

• Decision Date: 30 December 1904
• Citation: 101 N.W. 845,138 Mich. 673
• Court: Michigan Supreme Court
• Parties: CLARK v. WOLVERINE PORTLAND CEMENT CO.

101 N.W. 845

138 Mich. 673

CLARK v. WOLVERINE PORTLAND CEMENT CO.

Supreme Court of Michigan

December 30, 1904

Error to Circuit Court, Branch County; George L. Yaple, Judge.

Action by Charles Clark, as administrator of Thomas Russel deceased, against the Wolverine Portland Cement Company. From a judgment for plaintiff, defendant brings error. Affirmed.

H. H Barlow and Burt E. Barlow, for appellant.

Lockerby & Cowell, for appellee.

MONTGOMERY J.

The plaintiff recovered for an injury to his intestate causing death. The deceased, Thomas Russel, for whose estate this action is brought, was at the time of his death 27 years of age. He had been employed at the Quincy plant of the Wolverine Portland Cement Company for some three months prior to his death. For some two weeks prior to his death he was employed as oiler of the coal conveyors at the Quincy plant aforesaid. His duty, among other things required him to oil the conveyors two or three times in 12 hours. The conveyors consisted of a bottom and two sides (wood), in which framework there revolved an endless screw by which means the coal was conveyed from the north to the south end of the conveyor. About every 12 feet along the conveyor there was an oil hole. The conveyor was situated some 20 feet above the floor of the factory, and ran from north to south. On the west side of the conveyor, and even with the bottom thereof, there was a plank walk 20 inches wide running parallel therewith. On the west side of said walk there was a partition extending nearly to the roof of the factory. The conveyor was divided into two sections, each section being about 150 feet in length. The north section was higher than the south section. Some 3 or 4 feet from where the two sections of the conveyor join, a steam pipe 5 inches in diameter passed through the partition and over the walk parallel with the south conveyor. Across this pipe was placed a plank. The level of this plank was lower than the walk along the north section of the conveyor, and higher than the walk along the south section. The plank was unfastened. At a point opposite this plank the conveyor required oiling from four to six times in 12 hours. The defendant company supplied its employ�s whose duty it was to oil the conveyor with torches. On the morning of the 27th of December, 1902, the decedent came to the Quincy plant aforesaid, to enter on his regular employment. On arriving at the plant he was told by Frank Boone that the screw conveyor at the point where the two conveyors joined needed...