Breeze v. MacKinnon Manufacturing Co.

The defendant MacKinnon Manufacturing Company set plaintiff’s husband at work upon a boiler which lay across the end of a railroad switch in its yard, upon which switching was done daily. It was obvious to •the plaintiff’s intestate that there was danger from the backing in of cars, and he talked to his co-laborer about it. He knew of and understood the danger as well as the defendants did, and chose to accept the situation. Under such circumstances the employer cannot be held liable upon the ground merely of a failure to furnish a safe place to work. The case is within the rule of Middaugh…