Kopf v. Monroe Stone Co.
Michigan Supreme Court
Error to Monroe; Lockwood, J. ■ Case by Christian Kopf against the Monroe Stone Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff was employed by the defendant as a driller, and had been so employed about eight weeks. His duty was to drill the holes, not to load and shoot them. Seven -or eight drillers were employed. One loader, or “shooter,” as he was called, was employed to load the holes with dynamite and shoot them.
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Error to Monroe; Lockwood, J. ■ Case by Christian Kopf against the Monroe Stone Company for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff was employed by the defendant as a driller, and had been so employed about eight weeks. His duty was to drill the holes, not to load and shoot them. Seven -or eight drillers were employed. One loader, or “shooter,” as he was called, was employed to load the holes with dynamite and shoot them. The theory of the plaintiff’s declaration is that it was one of his duties to load the holes, and that he was not sufficiently…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Plaintiff knew that he was employed as a driller; that Lemerand was the foreman who employed him, and who alone had the right to direct him. He saw Lemerand daily. He knew that Freedon was the loader and shooter, and was under the control of Lemerand; and, after Freedon was injured by an explosion, that one Poland was the loader and shooter. Freedon was injured about a month before plaintiff’s injury. Plaintiff testified; “Mr. Ed. Lemer- and had charge of the drilling. He was boss.” He knew that Freedon had no control over him. Freedon sometimes asked him to load…
2Cases cited7 opinions
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Ribich v. Lake Superior Smelting Co.Michigan Supreme Court · 1900
- Lindstrand v. Delta Lumber Co.Michigan Supreme Court · 1887
- Brown v. ByroadsIndiana Supreme Court · 1874
- St. Louis Bolt & Iron Co. v. BrennanAppellate Court of Illinois · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Martin v. StateCourt of Criminal Appeals of Oklahoma · 1939
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Buell v. HinesMichigan Supreme Court · 1922
- Perry v. Michigan Alkali Co.Michigan Supreme Court · 1907
- Kopf v. Monroe Stone Co.Michigan Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.