The established law in Michigan is that whether a workman has exercised due care for his own safety is a question for the jury to consider in relation to the character of work in which he is engaged and the attention which such work requires. See Reedy v. Goodin, 285 Mich. 614, 281 N.W. 377; Ebel v. Bruzewski, 296 Mich. 654, 296 N.W. 715 [in both these opinions, Mr. Justice McAllister, now a member of this court, concurred]; Mayala v. Underwood Veneer Co., 281 Mich. 434, 275 N.W. 198. In the first-cited case, supra [ 285 Mich. 614, 281 N.W. 379], it was held that "contributory negligence is ordinarily a question of fact for the jury, if there is one, unless the evidence so plainly and clearly establishes such contributory negligence that no reasonable man could come to any other conclusion."
It stated that the fact that plaintiff was attending to his duties at the time of the injury so that his attention was directed to objects other than the truck which injured him made contributory negligence a question of fact. Plaintiff was entitled to rely upon defendants' employees to perform their duty and to follow the general practice in such case. Mayala v. Underwood Veneer Company, 281 Mich. 434, 275 N.W. 198. It was contended there that the plaintiff had been guilty of contributory negligence in going under a log to throw a chain in the course of loading a truck with logs. The record showed, however, that this was an ordinary incident of operation. The court determined that under such circumstances it could not hold plaintiff guilty of negligence as a matter of law.
Plaintiff had no reason to assume that the scaffolding was not properly constructed, or that any brace or strut had been welded improperly. He was entitled to assume that in the erecting of the equipment due care had been observed and proper inspection made. Under the proofs the matter of contributory negligence was for the jury to determine. In Mayala v. Underwood Veneer Co., 281 Mich. 434, the action was brought to recover damages for personal injuries sustained by plaintiff while loading logs. Defendant contended that plaintiff had failed to exercise proper care for his own safety and was guilty of contributory negligence as a matter of law. In view of the contention in the case at bar that plaintiff at the time of his injury was using the scaffolding in an improper manner, the following comment by the Court in the case cited (pp 438, 439) is of interest:
On these questions of fact we do not disturb the finding of the trial court. See Otto Misch Co. v. E. E. Davis Co., 241 Mich. 285; Leonard v. Hey, 269 Mich. 491 (37 N.C.C.A. 111); Mayala v. Underwood Veneer Co., 281 Mich. 434. The principal question in this case relates to the claimed waiver by the insurance company of its right to lapse the policy by accepting the premiums when past due.
The court in its opinion did not refer to, or give consideration to, the testimony of the attorney in question. In Mayala v. Underwood Veneer Co., 281 Mich. 434, 439, where certain inadmissible statements were received on the trial before a court without a jury, it was said: "If the trial were before a jury, their reception might require reversal.