Lamson (P) worked for American Axe and Tool Co. (D) painting hatchets. D had recently purchased a new rack to hold the freshly painted hatchets. However, the hatchets tended to fall off the new rack when nearby equipment was used. P brought this to the attention of D, but D told him that he would have to use the racks or leave. P continued to work for D, and eventually was hurt because of the new rack. P sued under the employers' liability act for personal injuries while he was working for D. The trial court judge directed the jury to return a verdict for D. P appealed.

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