Wulff v. Walter A. Wood Harvester Co.
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Wulff v. Walter A. Wood Harvester Co.
Opinion of the Court
Action to recover damages for personal injuries. At the time of the injury, defendant was engaged in manufacturing agricultural implements at its factory in St. Paul. It is alleged that the injury was caused by reason of the negligence of the defendant in furnishing the plaintiff a defective double-action machine operating a small circular saw. This machine consisted of a table under which was a shaft to which was attached a pulley upon which the belt was thrown when not in use, and a drive pulley to which the belt was transferred when the saw was started and required to be used. The circular saw in use at the time of the accident was so adjusted that it passed through an opening in the table so that the workman could use it instead of a hand saw. This was called the “repairing machine,” and all the workmen in the shop had acc.ess to it.
At three or four different times within two weeks preceding the date of this injury, plaintiff had operated this machine, and was shown how to do so by one of the workmen in defendant’s employment, to whom the foreman of the factory had sent him for that purpose. This workman showed him that by taking a stick, and touching the point of the saw teeth with it, and pressing down lightly, the saw would start readily. This was the usual way of starting the saw by the workmen who used it for short jobs, and some of them used it for an hour or more at a time. No accident or injury had occurred before from this method of using it, and the workmen did not regard its use in this manner as dangerous.
The plaintiff, at the time of the injury, was 46 years old. His father, residing in Prussia, was a carriage maker and proprietor of a factory, employing four or five men; and, from the age of 15 to 18 years, the plaintiff had worked in his father’s factory, in which was a band sa.w which he was accustomed to work and see worked by others. At the age of 18 he went to Berlin, and worked for four years in the factory of the kaiser, where 15,000 men were employed, and where circular and other kinds of saws were used, and which he saw running, but did not use them himself. About 16 years ago he came to this country, and has worked more or less at his trade, as a carpenter, up to the time of the injury. We have not stated all, but the more salient, facts bearing upon his knowledge of the machinery of this kind, its use, and its dangers, and we are led irresistibly to the conclusion that the plaintiff was injured by his own contributory negligence. He was neither young, nor a novice in his knowledge of the use of machinery of this kind and its attendant dangers.
The trial court was justified, upon the plaintiff’s own evidence, in dismissing the action, and the motion for a new trial was therefore properly denied.
Order affirmed.
Reference
- Full Case Name
- ADOLPH WULFF v. WALTER A. WOOD HARVESTER COMPANY
- Cited By
- 1 case
- Status
- Published