Fredericks v. Fort Dodge Brick & Tile Co.

The defendant is a corporation engaged in the manufacture of hrick and tile and procures the material therefor from a pit or excavation near by. The material is shoveled into wheelbarrows which are wheeled to a platform and dumped into cars, on which it is hauled where needed. Five to eight men were employed in shoveling, and others, by blasting and the use of picks, bars, or shovels, loosened the clay from the bank. This bank was fifty or sixty feet high, and plaintiff who had been employed as a sho.veler about a year and a half, on July 3, 1908, while shoveling clay on his wheelbarrow at…