Johnson v. Model Steam Laundry Co.
Johnson v. Model Steam Laundry Co.
Opinion of the Court
Action in the district court for Douglas county to recover damages for personal injuries sustained by the plaintiff while working in the defendant’s laundry. The plaintiff had the verdict and judgment, and the defendant has appealed.
At the close of the evidence the defendant requested the trial court to direct a verdict in its favor, which was denied, and that ruling is now one of the several errors assigned and relied on for a reversal of the judgment. The allegations of negligence set forth in the amended petition, on which the cause was tried, were as follows: (a) The failure to furnish a reasonably safe guard upon the mangle on which the plaintiff was working at the time of her injury; (6) failure to use care and diligence to keep the machine in a reasonably safe condition; (c) failure to warn plaintiff of the danger of the service in which she was engaged; (d) operating the mangle at its highest rate of speed; (e) failure to use reasonable diligence to repair the mangle and keep it in repair; (/) failure to adjust the mangle so that it could be operated at less than its highest rate of speed.
The defendant, by its answer, admitted that the plaintiff was in its employ when she was injured; avers that she was familiar with the risks of her service, and the condition of the machine upon which she was at work; that the injury resulted to her from a risk incident to her employment; that the negligence of the plaintiff, or a fellow servant, or an unavoidable accident, caused the injury complained of; and denied each and every other averment of the plaintiff’s petition.
The following testimony, which we quote from the bill of exceptions, Avill sIioav, in plaintiff’s own language, Iioav Avell she was acquainted with the machine in question: “Q.
it appears that while feeding this fringed bed spread into the mangle, the plaintiff got her finger caught in the fringe and was unable to get it out. At the time her finger was caught the spread had gone about half way through the machine, and it was necessary to guide it by holding it with the fingers. She further testified as follows : “Q. Just before they got caught in the fringe, what were you doing with your fingers? A. When you feed a spread, or feed anything in the mangle, you can’t put it in the mangle and let it go by itself. You have to hold onto it. Q. You were guiding it there with your fingers, were you? A. The mangle takes it and you have to hold it. Q. You were guiding it through the mangle with your fingers, were you? A. Yes, sir. Q. That was a part of your business, was it? That was part of the work you had to do? A. Yes. Q. And you knew that before that morning, didn’t you? All yofir experience had taught you that? A. Taught me what? Q. That that was what you liad to do, guide the articles through the mangle; when feeding you have to keep them from wrinkling? A. Certainly. Q. And at the time your fingers got caught that was what you were doing? A. Yes, sir. Q. And that was what you were there for — what you were hired for? A. Yes, sir. Q. Now, how far was your finger, your hand, from the guard when you first became aware of the fact that you were caught there? A. Well, the spread was about half way in the mangle. * * * Q. Now, Miss Johnson, can’t you state how it was caught? A. Well, it was caught in the fringe and pulled me in the mangle; that is all I know. Q. That is all you know; you don’t know how it was caught? A. It was caught in the fringe, that is all I know. Q. And you don’t know how it came to get caught, do you? A. No, sir.”
It further appears that there was a lever on this man
The plaintiff testified many times that she relied upon the guard to protect her from being hurt by getting her 1 lands in the roller. She said she was not afraid of getting her hand caught, the guard was there to protect it, and she was positive in her statement that if the guard had stayed down in the proper place her hand would not have gone in. She further said that it was necessary in feed ing into the mangle to keep her hands close up to the machine, and the guard roller was there as a warning as well as a guard.
It thus appears beyond question that the plaintiff was instructed in regard to her work; that she knew how to operate the mangle; that she knew what the roller guard was for; that she had used machines with both roller and stationary guards; that she knew the speed of the rollers was regulated by the operator working with her, and who was her fellow servant. Neither she nor any other witness testified that the mangle was defective, that the roller guard was defectively attached, and her sole contention appears to be that the mangle should have been supplied with a stationary guard instead of the roller guard.
The testimony which we have quoted shows exactly how her hand was drawn into the machine, but it does not dis
It appears that the guard roller in question had a play or uplift of about four inches, and the machine Avas thus constructed in order to permit the articles, AA'hich AA’ere being ironed, to go under it and into the rollers.
The defendant produced several disinterested witnesses, men Avho Avere skilled in the laundry business, and who were acquainted with the latest and best laundry machines in use at the time of the plaintiff’s injury, AArho testified, without exception, that the machine in question aauas the latest and best one then in use, and that the roller guard with which it was equipped was the latest and best safety device knoAvn and in use on such machines. The only testimony to the contrary Avas the evidence of one Birdie Welburn, avIio testified over the defendant’s objection that in her opinion a stationary guard was safer than a roller guard. Her testimony was clearly incompetent, and should have been excluded by the trial judge.
It appears from all of the evidence contained in the bill of exceptions that the real cause of the plaintiff’s injury was the accident of her getting her fingers caught in the fringe of the bed spread which she Avas feeding into the mangle, so that she could not extricate them, and the failure of the girl who was working Avith her to hear or heed her cry for assistance in time to prevent her hand from being drawn into the machine. Upon this point plaintiff testified as folloAvs; “Q. The time you were in
From the evidence above quoted, together with other facts shown by the record, it seems clear that the plaintiff failed to prove any of the acts of negligence on the part, of the defendant charged in her petition. In Omaha Bottling Co. v. Theiler, 59 Neb. 257, it was said: “The measure of defendant’s duty to its servants was the care required by the usual and ordinary usage of the business. The standard of due care is the conduct of the average prudent man. The appliances of the company were those in common and general use. Handled with ordinary care they were not dangerous. This being indisputably established, it follows that the negligence alleged in the original petition is without any foothold whatever in the proof.”
The foregoing fully describes the situation in the case at bar. Indeed, all the cases agree that employers are not insurers of the safety of their employees. Absolute safety seems to be unattainable, and therefore employers are liable for the consequences, not of injury, but of negligence. The master does not guaranty the safety of his servants; he is not bound to furnish them with an absolutely- safe place in which to Avork; but is bound simply to use reasonable care and prudence in providing a reasonably safe place in which,' and reasonably safe appliances with which, to work. So far as the evidence in this case goes, it seems to establish, beyond question, that the defendant had discharged that measure of duty toAvard the plaintiff. The case seems to be'one of those where the proximate cause of the injury was an unavoidable accident, and not the fault
The judgment of the district court is therefore reversed and the cause is remanded for further proceedings.
Reversed.
Reference
- Full Case Name
- Martha M. Johnson v. Model Steam Laundry Company
- Cited By
- 2 cases
- Status
- Published