Scoop v. W. H. White Co.

148 N.W. 762, 182 Mich. 539, 1914 Mich. LEXIS 833
CourtMichigan Supreme Court
DecidedOctober 2, 1914
DocketDocket No. 6
StatusPublished
Cited by2 cases

This text of 148 N.W. 762 (Scoop v. W. H. White Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scoop v. W. H. White Co., 148 N.W. 762, 182 Mich. 539, 1914 Mich. LEXIS 833 (Mich. 1914).

Opinion

Steere, J.

This action was brought by plaintiff in the circuit court of Charlevoix county, to recover dam[541]*541ages from defendant for personal injuries alleged to have been sustained, on February 28, 1910, through the latter’s negligence, while in its employ as a teamster at one of its lumber camps, in Warner township, Antrim county. On the trial of said cause a verdict and judgment were rendered in plaintiff’s favor, and defendant has removed the case to this court for review, assigning numerous errors, the chief one being that no prima facie case of actionable negligence was shown by plaintiff’s proofs, and the court should have directed a verdict for defendant.

Defendant was a corporation extensively engaged in logging and the manufacture of lumber, in the counties of Charlevoix and Antrim, having its principal office in Boyne City, in the latter county. Plaintiff was one of its teamsters engaged in hauling logs cut at one of its camps in a locality where the logs were hauled by sleighs a distance of about two miles on a logging road through a hilly section of country to a railroad, for further transportation to defendant’s mills; While driving down one of these hills with a load of logs, plaintiff was injured by the capsizing of his load and logs falling upon him. He was 19 years of age when injured, and first went to work at this camp when 16% years old. He was an experienced teamster, and had driven horses regularly when working in the woods, but mostly at skidding, or moving logs comparatively short distances from where they are scattered through the woods as cut to where they are piled in skidways preparatory to being loaded upon heavy logging sleighs to be hauled on the main road to the banking ‘ground.

The road upon which the accident occurred was a logging road of the usual kind, then in regular use, constructed in the customary manner for the purpose of hauling logs in the winter time on sleighs from the skidways to the banking ground, which in this [542]*542case was at the railroad. It was made by cutting and brushing out, leveling, and grading the line about 20 feet wide as a bed for the snow, upon which hauling was done. After the snow fell, the road was broken, or put in condition for use.

To properly prepare a sleigh road for use in hauling heavy loads down steep hills, owing to the difficulty of the teams holding the loads back where it is smooth with packed snow, the snow is shoveled off, and, when occasion requires, sand is shoveled on. While hauling is in progress, men employed for that purpose, called, in the vernacular of the lumber camps, “road monkeys,” or “sandmen,” are put upon the road to keep it in a fit condition, particularly to shovel off the snow on the hills, where needed, and put sand on the track at intervals, to act as a brake on the runners of the sleighs and thus check the load, or, if there chanced to be too much sand, throw on snow in front of the runners, so that the loads can pass slowly and safely down, without going too fast or getting stuck. This road was thus prepared for use and was in operation, with road monkeys employed along it to keep it in condition.

Plaintiff attributes his accident to a failure to properly sand the hill where it occurred, and alleges, as a ground of negligence, that defendant did not provide him with a reasonably safe place in which to work, nor exercise reasonable care in the construction and maintenance of said road, nor in the employment of competent and trustworthy men to properly sand, care for, and keep said hill in a safe condition, but neglected the same, and permitted the road to remain covered with snow to such an extent that in driving down it, in the performance of his duties, it was impossible for him to keep his team and load under control.

In considering the contention that a verdict should have been directed for defendant, plaintiff’s testimony [543]*543must be taken as true and regarded in its most favorable light.

Plaintiff claims and introduced testimony tending to show the following facts: At the time he was injured, there were from six to ten teams hauling on this road; one witness, who states there were then six teams hauling, also testifies:

“They had 25 teams, I guess, and all the- teams were working on this road.”

There were from seven to nine men whose duty it was to keep the road in condition while hauling was in progress; each one having a “beat.” Three of these men were usually on duty along the road where it ran down the hill on which plaintiff was injured* to care for and sand the track, owing to the road at that point being steep and crooked. There were three hills in succession; this hill being the center one. The loaded teams in going from the skidways towards the banking ground first came to a smaller hill, which was not sanded, and on reaching its summit the teamsters, who could not see beyond the higher hill ahead, would stop their horses and call to the sandmen supposed to be caring for the steep stretch of road down the further side. When an answering call advised them that it was all right, they would drive on, going rapidly down the slope of the small, unsanded hill in order to make the grade to the top of the next, which was a short distance beyond, then proceeding down the steep road on the other side, where the sleighs were checked by sand thrown on the tracks, without which the horses would be unable to hold back the heavy loads, consisting of from 3,000 to 5,000 feet of logs, which were mostly hardwood. This was the regular method of making the hill. “All the teamsters had. to do that.”

It is undisputed that the practice of caring for and sanding logging roads at such steep places was custom[544]*544ary and essential to safe and successful log hauling by sleighs. A witness of defendant, with 29 years’ experience in woods operations, testifies to the duties of the so-called road monkeys, or sandmen, who are especially employed ,to keep the. roads in a condition safe and suitable for hauling, and says:

“It is customary to sand steep hills where people haul logs down. All lumbermen do that.”

It was also customary, after a fall of snow, to shovel off the road on the steep hills and put the track again in condition for safe hauling.

It had snowed two or three inches the night previous to this accident. That morning the teamsters first drove with their empty sleighs along the “come back” road from the camp to the place of, loading. After getting their loads, they proceeded with them along the hauling road to the banking ground. Plaintiff testifies that he “was not only the first one over the road”; that his team was gentle and easy to drive; that when he reached the top of the first small hill he stopped and “hollered,” and after waiting 10 or 15 minutes he received an answer that the road was all right, when he went ahead, driving down the little hill fast, and, on reaching the top of the second hill, started down it as usual; that he had always done the same thing before, and the other men drove down the first hill the same way he did, but on this occasion, when he came to go down the steep grade of the second hill, his team could not hold the load back, because there was no sand, or not enough sand, on the track; that he was watching the road and held back all he could, but was unable to control his load and team, and they went too fast, resulting in the partial or total upsetting of the load near where there was a curve or turn in the road, throwing him off.

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Cite This Page — Counsel Stack

Bluebook (online)
148 N.W. 762, 182 Mich. 539, 1914 Mich. LEXIS 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scoop-v-w-h-white-co-mich-1914.