Denker v. Wolff Milling Co.

Appellant was hurt in a fall from a swinging seat while engaged in painting the metal chimney or smokestack of respondent’s mill. The chimney rose forty feet or more above the roof of the engine house of the mill. Appellant had been engineer there since 1898 and as such it was his duty to paint the stack, which he did two or three times a year. An iron hook in the shape of a letter “S,” five-eighths of an inch in diameter hung from the top of the stack. Appellant made use of a rope with blocks and tackle to get to the upper part of the stack. A small rope hung from the hook to which was…