Dunn v. Great Lakes Dredge & Dock Co.
Michigan Supreme Court
Error to Chippewa; Steere, J. Case by James Dunn against the Great Lakes Dredge & Dock Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Defendant was engaged in excavating a ship canal through rock. The rock was first drilled with drills operated by compressed air, then blasted, then loaded upon dump cars by a steam shovel, which was moved forward from time to time as the work progressed.
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Error to Chippewa; Steere, J. Case by James Dunn against the Great Lakes Dredge & Dock Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Defendant was engaged in excavating a ship canal through rock. The rock was first drilled with drills operated by compressed air, then blasted, then loaded upon dump cars by a steam shovel, which was moved forward from time to time as the work progressed. Water for the shovel and air for the drills reached those machines through pipes which had to be lengthened from day to…
1Opinion of the CourtBrooke, J.
(after stating the facts). Did plaintiff assume the risk? It is conceded by plaintiff’s counsel, that if the danger was apparent it must have been anticipated by plaintiff, and if he had express or implied notice of it, he assumed the risk of his injury. We think that the danger was apparent, and should have been apprehended by plaintiff. It must be remembered that the shovel was not at rest when he assumed the dangerous position. It was engaged in “rooting” according to plaintiff’s testimony, but the testimony of his witness O’Donnell is:
“If I remember, we had not been rooting with the…
2Cases cited14 opinions
- Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Petaja v. Aurora Iron Mining Co.Michigan Supreme Court · 1895
- People v. KnopfMichigan Supreme Court · 1896
- Swanson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Koskell v. Newport Mining Co.Michigan Supreme Court · 1914
- Cybur Lumber Co. v. ErkhartCourt of Appeals for the Fifth Circuit · 1917
- Stone v. BennettMichigan Supreme Court · 1916
- Benson v. Jones & Laughlin Ore Co.Michigan Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.