Hutchinson v. Western Bridge & Construction Co.

Plaintiff is administrator of 'the estate of Charles B. Harris, deceased. The action is to recover damages to the next of kin by reason of the death of Harris while in the employment of defendant.

On the 25th of April, 1910, the deceased, with another workman, and a foreman were driving piles with an ordinary pile driver, operated by horse-power, on the premises of the Union Refining Company in Omaha. After a pile *440had been driven it was necessary to move the pile driver to the place where the next pile was to be driven. When moving the machine it W'as customary to lower the hammer. At the time…