Walkowski v. Penokee & Gogebic Consolidated Mines
Michigan Supreme Court
Error to Gogebic; Haire, J. Case by Martin Walkowski against the Penokee & Gogebic Consolidated Mines for personal injuries. From a judgment for defendant on verdict, directed by the court, plaintiff brings error. The miners in defendant’s employ were lowered into and raised out of the mine in iron cages' about 12 feet square.
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Error to Gogebic; Haire, J. Case by Martin Walkowski against the Penokee & Gogebic Consolidated Mines for personal injuries. From a judgment for defendant on verdict, directed by the court, plaintiff brings error. The miners in defendant’s employ were lowered into and raised out of the mine in iron cages' about 12 feet square. These cages were attached to wire cables running over drums in the engine house, situated about 500 feet from the shaft, which was between 500 and 700 feet deep. The operation was as follows: If a cage is to be lowered, and its weight be insufficient to overcome the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Ryan was 17 years and 5 months old at the date of his employment. It is urged that it is negligence to employ one so young in such a responsible position, or, at least, that it is *632a question for the jury to determine. Young Ryan had had an experience of nearly 2 years in a similar position at another mine, where he had performed his work satisfactorily. He had performed his work satisfactorily, and without accident, for between 7 and 8 months at the defendant’s mine. It is conceded that he had sufficient physical ability, and was possessed of ordinary…
2Cases cited10 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- McNally v. ColwellMichigan Supreme Court · 1892
- Core v. Ohio River R'dWest Virginia Supreme Court · 1893
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3Cited by15 opinions
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Fleming v. Northern Tissue Paper MillWisconsin Supreme Court · 1908
- Mirabile v. Simon J. Murphy Co.Michigan Supreme Court · 1912
- Guy v. Lanark Fuel Co.West Virginia Supreme Court · 1913
- Wilkinson v. Kanawha & Hocking Coal & Coke Co.West Virginia Supreme Court · 1908
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