Thompson v. Dale

I dissent from that portion of the majority opinion holding the trial court erred in directing a verdict for the defendants.

Without question, according to the testimony of the plaintiff himself, he knew and appreciated all of the hazards and dangerous conditions present at the feed grinder; he made no complaint to the employer, and could not say for sure the employer actually knew of the dangers and defective condition of the platform; but I say the employer must have known of them. The platform on which the hammermill rested was patched and rough. When asked why he did not repair the…