Petaja v. Aurora Iron Mining Co.
Michigan Supreme Court
Error to Gogebic; Haire, J. Case by Sehfanja Retaja, alias Sam Johnson, against the Aurora Iron Mining Company for personal injuries. From a judgment for defendant, upon verdict directed by the court, plaintiff brings error. There was negligence in failing to notify plaintiff of the special danger, and assuring him of safety without making proper examination. Cooley, Torts, 661; Railway Co. v. Bayfield, 37 Mich. 210; Swoboda v. Ward, 40 Mich. 424; Brydon v. Stewart, 2 Macq.
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Error to Gogebic; Haire, J. Case by Sehfanja Retaja, alias Sam Johnson, against the Aurora Iron Mining Company for personal injuries. From a judgment for defendant, upon verdict directed by the court, plaintiff brings error. There was negligence in failing to notify plaintiff of the special danger, and assuring him of safety without making proper examination. Cooley, Torts, 661; Railway Co. v. Bayfield, 37 Mich. 210; Swoboda v. Ward, 40 Mich. 424; Brydon v. Stewart, 2 Macq. H. L. Cas. 30, 33 Eng. L. & Eq. 1; Coal Co. v. McGuire, 3 Macq. H. L. Cas. 300; Mellors v. Shaw, 1 Best & S. 437; Ryan…
1Opinion of the CourtHooker, J.
Plantiff, a trammer in defendant’s iron mine, was injured by the fall of ore from the roof of the room in which he was at work loading ore into a car. The work was conducted as follows: The miners loosened and brought down the ore to the floor of the stope or room made by taking out the ore, which room was constantly being enlarged by the process. This ore was loaded upon ears and removed by common laborers, called “trammers.” As fast as the ore was removed, it was the practice to support the roof by timbers and posts set a few feet apart. These were called “sets,” and were put in place by a…
2Cases cited5 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
- Schroeder v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1894
3Cited by36 opinions
- Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Mielke v. Chicago & Northwesteen Railway Co.Wisconsin Supreme Court · 1899
- Scendar v. Winona Copper Co.Michigan Supreme Court · 1912
- Oleson v. Maple Grove Coal & Mining Co.Supreme Court of Iowa · 1901
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