George Sutherland

“ If the employee is unable to adduce sufficient evidence to show negligence on the part of the employer, it is only one of the many cases in which the plaintiff fails in his testimony; and no mere sympathy for the unfortunate victim of an accident justifies any departure from settled rules of proof resting upon all plaintiffs.'
It is scarcely necessary to add that a recovery can not be predicated upon the theory that Ambrose, of his own accord, entered the bin. ”

“ Whatever previously would have been the liability of the company, in virtue of the rule which requires the master to use reasonable care to furnish a safe place to work, there was no liability under that rule at the time of the accident, since, manifestly, the rule ceases to be operative whenever, and as long as, the place is closed against the servant, and he is authoritively may, of course, abandon or suspend its use, avoid it. The master who furnishes the place may, of course, abandon or suspend it use, whenever he discovers that it has ceased to be safe ”

“ Ambrose's duties were to sweep the floor, help set the spouts, and generally to do such floor work as his foreman might direct. Sometimes grain became clogged so that it would not run out from the bin; in which event, one man would descend into the bin to clean it out, while another lowered and held a light in such position as to assist the former in the performance of his work. ”