McCanuel v. Jones & Laughlin Steel Co.
McCanuel v. Jones & Laughlin Steel Co.
Opinion of the Court
Opinion by
It is charged that the defendant furnished wet or damp manganese to the plaintiff, which, when placed in a ladle of molten metal, exploded, throwing a portion of the ladle’s contents on the plaintiff, causing him to lose the sight of one of his eyes. The liability of this material to explode was shown by the evidence. The mere happening of the accident would not charge the defendant with liability. The defendant must be guilty of some negligent act. •
The evidence shows that from the time the material left the sea-board and reached the defendant in box cars, it was placed in covered places and taken from bins to a
Assuming that it did become wet by an act of a fellow servant, the plaintiff notified the foreman of its condition the day before he was injured. He was requested by the foreman to remain with the assurance that dry manganese would be supplied. The plaintiff had nothing to do with furnishing the manganese and knew nothing about it until after the accident. He was not required to know its condition. The foreman, having directed the employee to assume his duties, under such circumstances it was his duty to see that materials in a reasonably proper condition were furnished. The cause of the improper condition was immaterial under this promise: Powell v.
The mere fact that there was on hand a lot of dry manganese does not relieve the defendant of the duty of seeing that such manganese is delivered, barring, of course, the unauthorized acts of fellow servants. If, while such servant is delivering it, or it is awaiting use after delivery, it is made wet through acts which give rise to an inference that they were within the defendant’s control, the defendant will be liable. It was for the jury to determine, considering the description given by the witness of this material lying out and near the platform, in a wet condition, and the other evidence in the case, whether the defendant had met its duty according to the common and ordinary practice and general usage.
The evidence showing dry manganese is confined to the manner in which it is handled; depending on these circumstances it is subject to the inference that it might have gotten wet in a number of ways as suggested by the plaintiff’s witnesses. To sustain the theory that the manganese was dry, we must assume that it was in proper condition when it was received from the railroad
The defendant’s seventh point did not fully present the facts, but the proposition of law and the facts stated therein are correct as far as they go. The point leaves out the care of the manganese from tjie crusher to the ladle, except as to the possibility of its becoming wet through .the acts of a fellow workman; as suggested by the appellant, “when something was left in the tin after using the water (from the bucket used for drinking purposes) they would throw it in the pile.” Clearly the evi- ■ dence warranted more than such conclusion. The defendant, by the affirmance of this and the sixth point, received a very favorable presentation of its position, beyond that which it was entitled to under the evidence. Ordinary usage and practice does not mean that unsafe materials may be given employees with which to work, when it is admitted that through care and caution safe materials may be given. The doctrine of ordinary usage does not supplant that of supplying a reasonably safe place to work, with reasonably safe materials, consistent with the nature and character of the employment. The method of doing the work is not in question. The defendant’s duty admittedly did not end with the material at the crusher, but continued up to its being placed in the ladle. It, of course, would not be charged with the act of a fellow servant in causing the material to become wet. In this view of the case we feel that 'the court did not commit error in submitting the question to the jury to determine from all the evidence whether or not the defendant was negligent in supplying the wet or damp manganese as complained of.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.