National Coal Co. v. Potts
National Coal Co. v. Potts
Opinion of the Court
'.This is an error proceeding to reverse a judgment for damages rendered in a personal injury case. The defendant in error, Earl L. Potts, in his petition in the court of common pleas, after alleging the corporate organization of the plaintiff in error, hereinafter called the coal company, alleges further that on the 27th day of April, 1909, he was in the employ of the coal company operating an engine used for the purpose of driving a fan in connection with a coal mine. Pie further alleges that in the “operation of said machinery the piston rod, the same being about twenty-seven inches long, was fastened at its east end with an iron connect
He further alleges that the said machine and its appliances were in a defective condition in the following respects: Said revolving fan shaft and the
While greasing said machinery plaintiff says that in the exercise of due care some of the rags in his hand caught in the said crank, which suddenly jerked his right hand down between the south end
The defendant, for answer, denies all charges of negligence and alleges that plaintiff’s injuries were caused by his own negligence. The case was tried to a jury, which returned a verdict in favof of the plaintiff for $2,200, and also, at the request of defendant, returned the following special verdicts:
“Special verdict No. 1. Do you find that said piston rod and connecting rod and crank fastened together was a shaft or shafting? Answer. Shafting.
“Special verdict No. 2. If you find by your general verdict in favor of the plaintiff, state whether or not you find in favor of plaintiff upon all or part of the negligence alleged in plaintiff’s amended petition ? Answer. Part.
“If your answer to above question is that you find for plaintiff upon part of the negligence alleged in his amended petition, then state which negligence or negligences you so find in his favor, and also state whether you find that operating alone or together plaintiff’s injuries were caused thereby. Answer. Deficient in construction of foundation and lack of boxing or casing of shafting together.”
The first error alleged is that the special verdict No. 1, as submitted by counsel for defendant to the court, did not contain the words “or shafting” at the end thereof, and that the court committed error in adding those words to the special verdict.
Without discussing the question as to the right
It is now urged that whether or not this engine piston rod and the connecting rod and crank which turned the shaft were “shafting,” was a question of law for the determination of the court and not a question for the jury, and that the court erred in submitting it to the jury. This question was submitted to the jury at the request of defendant, and if it was error defendant cannot now complain. But this still leaves the question as to what it was and whether or not the finding of the jury upon ¡that question was manifestly against the weight of the evidence. It may be said at the start that there was no conflict in the evidence as to the description of the piston rod, connecting rod and crank. Photographs of these appliances were brought into the record showing views of them from different standpoints, and there is no controversy as to how they operated.
The question arises under Section 4364-89c, Revised Statutes,. which section is now incorporated in Section 1027, General Code, the latter, in part, reading as follows:
“The owners and operators of shops and factories shall make suitable provisions to prevent injury to persons who use or come in contact with machinery therein or any part thereof as follows:
“1. They shall case or box all shafting operating horizontally near floors, or perpendicularly or otherwise between, from or through floors or traversing near floors, or when operating near a passage-way or directly over the heads of employes.”
Two witnesses, who were engineers, both called by plaintiff, testify in substance that these appliances referred to were not generally understood to be or called “shafting.” We do not think any definition can be found of the word “shafting” which would include a piston rod of an engine and the connecting rod and crank. We do not think they are ever called shafting by people who describe machinery, but again, as stated in Rhodes v. Weldy, 46 Ohio St., 234, reading from the syllabus: “Where the same word or phrase is used more than once in the same act in relation to the same subject-matter! and looking to the same general purpose, if in one connection its meaning is clear and in another it is otherwise doubtful or obscure,
Now, in subdivision 3 of this same section, Section 1027, General Code (Section 4364-89c, Revised Statutes), we find the word “shafting” used as follows: “They shall cover, cut off or countersink keys, bolts, set-screws and all parts of wheels, shafting or other revolving machinery projecting unevenly beyond the surface of such revolving machinery.”
Clearly the legislature,- in the use of the word “shafting” in that section, used it as it is generally understood, as a revolving shaft connecting the power to machinery, and did not use it in the sense of a piston rod and connecting rod.
To the same effect is Raymond v. Cleveland, 42 Ohio St., 522, and Norris v. State, 25 Ohio St., 217. So that it follows that we find as a matter of law that the piston rod, connecting rod and crank were not shafting within the meaning of that statute, and that the special finding of the jury is manifestly wrong. It follows from that, that inasmuch as the jury found or based their verdict in part because of lack of boxing or casing of shafting, their verdict is manifestly against the evidence.
The judgment of the court of common pleas will be reversed and the cause remanded for a new trial.
Judgment reversed, and cause remanded.
Reference
- Full Case Name
- The National Coal Company v. Potts
- Cited By
- 3 cases
- Status
- Published