O'Neil v. Lake Superior Iron Co.

• Decision Date: 17 November 1886
• Citation: 30 N.W. 688,63 Mich. 690
• Parties: O'NEIL v. LAKE SUPERIOR IRON CO.
• Court: Michigan Supreme Court

30 N.W. 688

63 Mich. 690

O'NEIL v. LAKE SUPERIOR IRON CO.

Supreme Court of Michigan

November 17, 1886

Error to circuit court, Marquette county.

F.O. Clark, for plaintiff and appellant.

Hayden & Young, for defendant.

CHAMPLIN J.

This action was brought by the plaintiff against the defendant to recover damages for an injury received by him while working in the defendant's mine, and which he claims was caused through the negligence of the defendant. The defense was the general issue, under which the defendant introduced in evidence a written release and discharge of defendant, signed by the plaintiff, releasing and discharging defendant from all liability or claims for damages which he might have against it on account of disability received by plaintiff while in its employ, on the ninth day of February 1885, which was the injury complained of; and all claims for damages, whether from the negligence of the defendant, its officers, agents, or servants, or otherwise. The court instructed the jury that this release was a bar to plaintiff's right to recover, whether he had made out a case against defendant or not.

It appeared in evidence that the Lake Superior Iron Company, six or seven years ago, organized what was called a "club," to which the miners pay 30 cents a month and the company pays an equal amount, making 60 cents a man. The scheme was printed in large posters, and posted up in conspicuous places upon the premises where men were employed and was as follows:

"To the Employes of the Lake Superior Iron Company, Lake Superior Mine: Employment in and about all iron mines is known to be hazardous, as is shown by accidents which frequently occur, for which no one can be blamed. Those employed are ordinarily dependent upon their labor for the support of themselves and their families, and consequently have but little, if anything, to leave for the support of those dependent upon them; so that in many cases great suffering and distress is occasioned through death by accident, or through loss of time on account of injury not resulting fatally. It is therefore very important that provision should be made against such contingencies as may occur to any one at any time. Employers cannot be legally responsible for the aid and support of those dependent upon any of the employes. All employes assume their own risk of accidents or illness, from whatever cause. The company however, desires, in cases of accident, to aid in relieving the sufferings of those dependent upon its employes, by providing a benefit funds to which every man in or about the mine is to pay thirty cents every month, the company contributing an amount equal to the aggregate of such assessment, to be paid out as hereinafter provided. The benefit fund collected in accordance with above provisions shall be held and paid by the company, and, when the balance in hand shall reach ten thousand, such collections shall cease until their resumption shall be deemed necessary by the officers of the company. The company will determine on the first of November in each year what amounts can be paid to the different parties the ensuing year. The amounts and persons fixed for the fiscal year, commencing November first, 1880, are as follows: First. To the representatives of each employe who may die from the effects of injuries received while in the employ of the company, $400. Second. To such employes as may be prevented from working by accident, not less than $15, nor more than $25, per month. Said payments shall commence on the fifth day after the person has been away from work, in case of disability from accident. Pay shall continue only until such measure of health as is possible, under the care of the resident physician, has been established; and in no case for a longer period than the term of six months from the time when the accident occurred. Third. To any employe who becomes maimed, or permanently injured, a sum not exceeding $200, according to the nature of such injury.

"An examining committee of three persons shall be chosen from among the employes of the company, by the agent of the mine, for each quarter, on the first day of November, February, May, and August of each year, whose duty it shall be to visit all parties requiring assistance, and to decide what sum, within above limits, shall be paid in case of injury; but no one shall be entitled to the benefit of these provisions unless the committee shall be decide that he was in the employ of the company at the time of his accident, injury, or death, and that the accident, injury, or death was not during nor occasioned by drunkenness, breach of the peace, or violation of, or attempt to violate, the law.

"In case of payment on account of death resulting from accident, the sum is to be paid to the legally constituted administrator of the deceased, upon his signing an agreement of which the following is a copy:

" 'Know all men by these presents, that in consideration of the sum of ______ dollars, to me ______, administrator of the estate of ______, deceased, in hand paid by the Lake Superior Iron Company, the receipt whereof is hereby acknowledged, I have released, and by these presents do release, said Lake Superior Iron Company from any and all claims for damages which I, as such administrator, may have against said Lake Superior Iron Company, on account of the death of ______, occasioned by an injury received by him while in the employ of said company. I do hereby release said Lake Superior Iron Company from all claims for such damages, no matter from what cause the accident that produced the injury and death of said ______ occurred, whether claimed to be from the negligence of the Lake Superior Iron Company, its officers, servants, or agents, or otherwise.

" 'In witness whereof, I, ______, as such administrator, have hereunto set my hand and seal this ______ day of ______, A.D.188__.

" '___________

" '___________,

" 'Administrator of the Estate of __________.'

"In case of payment on account of accident, or on account of permanent injury, the sum is to be paid to the person so injured upon his signing an agreement of which the following is a copy:

" 'Know all men by these presents, that, in consideration of the sum of ______, in hand paid by the Lake Superior Iron Company, the...