Kopf v. Monroe Stone Co.

This case is now before us a second time. See 133 Mich. 286. An extended statement of facts is unnecessary. For that we refer to the former opinion. For three reasons we then held that the plaintiff had not established a cause of action, and that the court should have directed a verdict for the defendant. If the present record as to any one of these reasons is substantially the same as that upon the former trial, the judgment is, of course, erroneous.

The first reason for reversing the judgment before was that the plaintiff voluntarily assumed to do work which he was neither employed nor…