Richards v. Michigan Pressed Steel Co.
Richards v. Michigan Pressed Steel Co.
Opinion of the Court
Plaintiff, a young man 21 years of age, while in the employment of defendant company, at its place of business in Ypsilanti, was injured. Defendant company owns and operates a manufactory at Ypsilanti where certain articles are made from sheet steel plates, which are passed through certain presses and are stamped out. Plaintiff at first went to work upon the smaller
“The sheet would not come back against the gauge, but it was loosened, and it wedged, and I told him to pull the end of the steel towards him, and it would have a tendency to pull it away. I also had my hand here, trying to push it up. Of course, I had to have my hand there. I couldn’t get it out any other way, and he misunderstood me. Instead of pulling it towards him, as I told him to do, he tripped the press, and the die descended, and cut off this portion of my hand.”
There is no other testimony as to how the accident occurred. Defendant at the close of plaintiff’s case moved the court for a verdict in its behalf. This motion was granted for the reasons (a) that plaintiff assumed the risk; (6) that the negligence, if any, was the negligence of a fellow-servant; (c) that the looseness of the gauge was not the proximate cause of the injury; (d) that plaintiff was guilty of contributory negligence.
It appears from the record that plaintiff was a young man of intelligence, and his testimony shows that he is truthful and honest. He knew that the purpose of the gauge in question was to save material, and not to protect employés. He says he knew what would be the consequences if his hand was caught under the stamp; that it was dangerous to put his hand under it. He knew that the attempt to repair the gauge was abandoned. What excuse can there be offered for him, with all this knowledge, for putting his hand into a place of danger ? It is claimed that he should have been instructed how to do his work at this press; that the foreman stood by and watched him at his work for a considerable time, and gave him no instructions of caution. This may be
It is insisted that the loose gauge was the proximate cause of this injury, and that the act of the fellow-servant, if it was negligence, concurred with the negligence of defendant. If we are right in the conclusion just reached, that plaintiff assumed this risk, then this last contention is not tenable. Considering this proposition under the facts in this case independent of other questions, can we say that the loose gauge was the proximate cause of the injury ? The machine was at rest. Plaintiff had made an unsuccessful effort to release the sheet of steel. His hand was in a dangerous position for some time, and he left it there, calling out to the operator to pull the sheet back. Misunderstanding the order, the operator tripped the press, which caused the injury. This was the direct and proximate cause. Without it no injury was possible. The injury was caused by the carelessness, negligence, or misunderstanding of a fellow-servant. The risk of injury in this case arising from the act of this fellow-servant was a risk assumed by plaintiff when he entered upon this employment. This rule is so well established and recognized that a citation of the authorities is unnecessary.
It will not be necessary to consider other reasons given by the trial court for his action.
The judgment is affirmed.
Reference
- Full Case Name
- RICHARDS v. MICHIGAN PRESSED STEEL CO.
- Status
- Published