Stone v. Bennett
Michigan Supreme Court
Error to Chippewa; Fead, J. Case by Frank Stone against C. Y. Bennett for personal injuries. Judgment for plaintiff. Defendant brings error. .The plaintiff, a practical woodsman of six years’ experience, was employed by the defendant with others to cut down and get out tamarack piling. On the 29th day of March, 1912, the plaintiff and one Lefevre were told by the defendant to work together in the cutting operation.
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Error to Chippewa; Fead, J. Case by Frank Stone against C. Y. Bennett for personal injuries. Judgment for plaintiff. Defendant brings error. .The plaintiff, a practical woodsman of six years’ experience, was employed by the defendant with others to cut down and get out tamarack piling. On the 29th day of March, 1912, the plaintiff and one Lefevre were told by the defendant to work together in the cutting operation. There were either two or three other gangs, containing two men each employed at the same time in the same work. The plaintiff and his partner, as well as the other men engaged in…
1Opinion of the CourtBrooke, J.
(after stating the facts). The testimony shows that the woodsmen were directed to fell the trees toward the logging road shown along the north side of the diagram. It also tends to show that the tree cut by Heaney and son was “notched” so as to fall to the. north. It also appears that there was a wind blowing on the day of the injury from the northwest, and that such wind probably caused the tree to fall nearly due east, instead of north, as intended. Plaintiff and Lefevre were not only experienced woodsmen, but were in the full possession of all their faculties. Both swear positively,…
2Cases cited8 opinions
- Nephew v. WhiteheadMichigan Supreme Court · 1900
- Soderstrom v. Holland-Emery Lumber Co.Michigan Supreme Court · 1897
- Andrews v. Tamarack Mining Co.Michigan Supreme Court · 1914
- Dunn v. Great Lakes Dredge & Dock Co.Michigan Supreme Court · 1910
- Koskell v. Newport Mining Co.Michigan Supreme Court · 1914
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3Cited by3 opinions
- McGivern v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1942
- Davis v. W. T. Carter & Bro.Court of Appeals of Texas · 1929
- Koetsier v. Cargill Co.Michigan Supreme Court · 1928