Mahan v. Clee

McGrath,-J.

Defendant owns and operates a flouring mill in the city of Detroit. Plaintiff, who is 50 years of age, had been in defendant’s employ for nearly 8 years. Plaintiff claims to haVe been employed to cooper barrels, fill them, and weigh them, and, when not thus engaged, wait on customers. Occasionally he was asked to deliver flour, but he claims to have objected to that kind of .work, because not employed therefor. He had, however, during the time that he was in defendant’s employ, delivered quite a number of loads of flour, and stated that he objected at least 40 times.

He sets up that…