The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-05

TO break when men were at work The
foreman Of the quarry directed this EN-
was free from risk, and assist in breaking
cut a cut OF stone by using wedges. Not
succeeding, the foreman told him to so
below and clear the way for using tae
steam driil. While he was doing as he
vas hidden the foreman continued to use
the wedges TO break out the stone. The
seam was covered over with stonedust
and mud. and as difficult TO see by the
one as by the other. The court decided
tfut the employe. while thus temporarily
emnoyed In breaking out stone under.
stood the risk he was mourning, ana
therefore has employer was not liable for
the accident
Michigan Case.
AN interesting case has been tried in
Michigan. Some employees made heaters
ana gas machines and in their factory
VAS carpenters shop. containing among
other things two small circular saws.
The injured employee was only A general
the use OF the saws by one of the car
penters and was informed Of the danger
In using them. He was set TO dork occa-
stonaliy at the saws. but always protest.
ed. the grounds Of his protest being
sometimes that NE was not employed for
the work. and at other times that he
was afraid of the saw" Finally he was
injured when using one OF the saws, and
sued his employer The supreme court
in dealing with his claim said that he
S wss snoronsas Instructed .sr ~ the en-
that '.whafever danger ,har. ,sas
snawiaasa ~ ~, ,he III "nn evmparte
strong in bnsv ana MIND ara 49, a. ~, us ar
possassinn IN ali ~. fsr,,I,,as an nse M, MI
he had frequently done this work for =
tbat he was uahIa 10 he nais.s ,',,.ss y,
do II Even n il wera without ths scone
OF his employment ne could not by his
his emnIover A. a,en,ovs ,,,.s ..ss n
circ,mstances has his rbo,cs a,,har ~.
ASSUME all ,hs ,isls tnst,.nt y, s' ,h anu
he knows that he Is expected 10 a..
" 'ee" w w.
'"'~ ~ N"'"or"y rn"s Z" Employ
which an tngsn,a,s Nasa. ~ ".s,'S.n -
wnrthv ~ 49, M va maus
as a common lahorrr by q rat,roan .s,,sl
as u hrakem,n u,,ho,', ars i,,,- ~ as .s
nav Having hesn ~ t,,,ea ha .,,s.s M
company. which tried 10 shield t,seir hss
hind the defense that the sun, RIM en3srt
who thus Changed The cmnloxa's ,.esx
had no authority "a a. al ana cnr..~
quently he need not have obeyed him
BY doing Otherwise ana obeyinE him Il
voluntary manner He was therafare
negligent in thus acting without author.
i,y, and SO q course had no claim against
generally II was no excuse 10 AN emnlov-
er that an injury was caused by disobedt-
OF such disobedience wher ~ nuts az
servant into his business" In other
words. II an employer instructs his agent
70 nire oniy mighty competent men TO do
a pisee ~ work ana ne EMPLOYS incona-
petent ones. whereby other employees are
injured. me employer cannot defend him.
sell ny saving. supposed was ein-
piosihs ia',n,ui ana proper agent: am
nnt,s sorry, out ! ought not TO be held
saoie, ne atone IN 70 biame The law
=. sucn matters makes the agents act
~ ssmpaose. sc', and ne ~ ns much re-
apnns'pic ,or me selection OF the incom-
ps.rni ,rnpipSes a. thohkn ne ned selecte0
'''e'' "'nsv"-
Eject of - A.r~.-s-s q, 49, -
-"
or"ers'
This defense was attempted In a case
tried In Rhode Island. a fireman who
by the engineer to assist him in throw