Nowakowski v. Detroit Stove Works
Nowakowski v. Detroit Stove Works
Opinion of the Court
The plaintiff had worked as an apprentice in a foundry for a month or more, at making and filling molds; a part of his duty being the carrying of melted iron from the cupola to the molds in a ladle. On the day in question he was returning to the cupola, and met a fellow-servant carrying a ladle full of molten iron; •and, as he approached, a teaspoonful was spilled, and, striking upon the damp floor, a portion of it flew up and put out plaintiff’s eye. This action is brought to recover ■damages, and the negligence alleged against the master is “that it failed to provide a safe place to work, and to warn the plaintiff of the danger of explosion of spilled metal, and of the danger of injury therefrom. The evidence shows that this foundry floor was as safe as any, so far as its general condition is concerned. Counsel say that the •place was not safe because the floor was made too damp, •or used too soon after sprinkling, and evidence was •offered to show that other foundries allowed time for their floors to dry after sprinkling. The court directed a verdict for the defendant, and plaintiff has brought error.
We have often held that there is some latitude open to •employers in the selection of machinery and methods; “that the latest and most approved are not required; and while we have held that novices are entitled to instruction and warning as to the use of dangerous machinery, and •against dangers not apparent, there is a limit to this duty. If the testimony is to be believed, melted iron always bursts or explodes and flies when it is spilled upon a wet floor, •and spilling from ladles is of daily occurrence in a foundry. This foundry was no exception, and plaintiff’s own testimony shows that he had seen it spilled, and spilled it himself, but that until he was hurt he did “not know that ■an explosion of this kind was liable to occur.”
It is manifest that no serious injury would be likely to ■occur from the spilling of a teaspoonful of iron, unless a spark happened to strike an eye, which is a remote contingency. It goes without saying that the master was not ■called upon to tell this boy, who had worked a month at
The judgment is affirmed.
Dissenting Opinion
(dissenting). The testimony offered on behalf of the plaintiff tended to show that he was an
In my opinion, the question of whether the defendant provided a safe place to work, and gave the requisite and proper instructions to this plaintiff, and properly cautioned him against the — to him — unknown danger, was a question for the jury. His testimony shows that he had no knowledge of the danger of an explosion from molten iron coming in contact with the damp earth or with water; ánd the case cannot be distinguished upon principle in this respect from Smith v. Car Works, 60 Mich. 501 (27 N. W. 662, 1 Am. St. Rep. 542). In that case the plaintiff’s intestate was an adult, and yet the court said, speaking through Mr. Justice Sherwood :
“I do not think the court can presume that the common laborer in a foundry or machine shop, such as this was, is possessed of the scientific knowledge necessary to enable him to comprehend and avoid any such danger as overtook Mr. Smith on that icy way, resulting in his death; and I think, before he was called upon to perform the hazardous undertaking by the foreman in charge, he should have been informed somewhat of its dangerous character. This, however, was not done, and there is no pretense that the death of Mr. Smith was not caused by*312 tbe explosion which followed the contact of the molten iron with the water and ice covering the dangerous passage over which the same was required to be carried.”
The only possible difference between the two cases is a difference in the degree of danger. If it is true that the contact of molten iron with water or with damp earth will ■cause an explosion sufficient to result in such a serious injury as the loss of an eye, the duty of giving notice of such danger to an employe can hardly be avoided by noting the difference in degree between such a case and the Smith Case. This case was followed and recognized as authority in Ribich v. Smelting Co., 123 Mich. 401 (82 N. W. 279, 48 L. R. A. 649, 81 Am. St. Rep. 215). Unless these cases are to be overruled, it seems to me clear that there was a question for the jury in the present case.
Reference
- Full Case Name
- NOWAKOWSKI v. DETROIT STOVE WORKS
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- Published