Mulholland v. Ideal Manufacturing Co.
Mulholland v. Ideal Manufacturing Co.
Opinion of the Court
The plaintiff lost a portion of his right
The errors assigned may be grouped as follows:
1. The verdict should have been directed for defendant.
2. The alleged negligent acts of defendant, relied on by plaintiff in this case, were not the proximate cause of plaintiff’s injuries.
3. Plaintiff assumed the risks incident to the work in which he was engaged when he was injured.
4. Plaintiff was guilty of contributory negligence, which was the cause of his injuries.
5. Errors in the court’s rulings.
In our view of the case it is necessary to discuss but one of these groups of assigned error.
No testimony was introduced on the part of defendant, except some photographs of the machine which inflicted the injury and its environment. In addition to his oral testimony, plaintiff introduced a wood cut of the machine in evidence. The record discloses without dispute the following situation: When plaintiff entered the employ of defendant, he was about 20 years of age. He worked for about 3 weeks upon a planing machine. He was then set to work upon the jointing machines, working first upon one and then upon the other alternately. This machine operates substantially as follows: There is upon the upper portion of the frame-work of' the machine two sets of knives, about one foot apart, which knives make about 3,000 revolutions a minute. There is a movable bed to the machine nearly a foot wide. Upon each side of this bed a board is clamped, with one edge down. When the boards are in place, the operator puts his foot upon a treadle, which sets in motion a cogwheel, which is midway between the rotating knives and somewhat nearer the movable bed of the machine. When the cog
- It is claimed by plaintiff' that he left the knives revolving and set the cogwheel in motion while doing this work, so they would clear themselves of chips and dust, and that it would be difficult to clear out the machine if they were stopped. As to why he did not stop the knives and cogwheel, the following appears upon his redirect examination :
“ Q. Why didn’t you. do it ?
“A. Because the machine was running, and it would clean more readily, and I was working piece work, and wanted to do it as quick as I could.
“Q. Cleaned more readily ?
“A. Yes, sir.
“Q. Could you get your hand down- in there by the wheels and the gear to clear it out ?
“A. No, sir; I could not.
“Q. But when the wheels were going — revolving, that is, like this — you poked it out ?
“A. Yes, sir.
“ Q. And that is the way you did it ?
“A. Yes, sir.”
Counsel for plaintiff contends, and we quote from the brief:
“ The filling up of the machine with shavings, owing to defective suction pipe, blinded and confused plaintiff as to the exact location of the gear wheel and knives, and was the approximate cause of his injuries.”
When the accident occurred, plaintiff had been at work upon the two machines nearly four weeks. He knew perfectly well how to shift the belt to the movable pulley and thus stop the knives. He-knew all about setting the cogwheel in motion. He knew the exact location of the cog
Judgment is reversed, and new trial ordered.
Reference
- Full Case Name
- MULHOLLAND v. IDEAL MANUFACTURING CO.
- Cited By
- 1 case
- Status
- Published