Royer v. Tinkler
Royer v. Tinkler
Opinion of the Court
Opinion by
The plaintiff, being then between thirteen and fourteen years of age, was employed by the defendant to assist in operating a collar and cuff ironing machine. The machine consisted of an iron roll five inches in diameter, with a felt roll twelve inches in diameter above, and another felt roll of the same diameter below the iron roll. Two persons were required to operate the machine, one to pass the collar or cuff'between the iron roll and the upper felt roll, and the other to receive it and return it between the iron roll and the lower felt roll. On the side of the machine opposite to that at which the plaintiff worked, a steel blade, called a knife or scraper, of the length of the rolls and an inch and a quarter wide, was so fitted as to loosen the collar or cuff, if in passing through, it stuck to the iron roll. From time to time it became necessary to re-cover the felt rolls with muslin. To do this the pressure was removed, thus leaving a space of an inch or an inch and a quarter between the rolls, and the muslin was wrapped around the roll as it revolved. While the plaintiff and her coemployee were engaged in covering one of the rolls, the accident occurred which resulted in the injury of which she complains. The testimony was not entirely harmonious, but from the evidence adduced in the plaintiff’s behalf, the jury were warranted in finding, that as she was smoothing out the wrinkles in the muslin being wrapped around the upper roll, her hand, accidentally slipped, was caught and drawn between the rolls, came in contact with the knife or scraper, and caused it to tilt up so as to cut into the muscles of her forearm and inflict a permanent injury.
■ If the injury was caused in that way — and that was for the jury to decide — then two other facts, of which there was evidence, became highly important, and, in our opinion, were sufficient to carry the whole case to the jury. First, according to the testimony of a witness called by the plaintiff, who was familiar with the construction of the machine and the usual manner of operating it, the knife was removable at will, and usually was removed as a necessary precaution when the rolls were being covered. Second, the plaintiff had no knowledge, and was not instructed, that this precaution ought or could be taken. By ignoring these two facts a very plausible argument may be made that the injury did not occur in consequence of the de
It is urged further that the defendant’s omission to instruct
Finally, it is urged that the plaintiff’s hand was caught and drawn between the rolls by reason of her own gross carelessness in leaning upon the swiftly revolving iron roll. It is true the defendant adduced evidence to that effect, and, if that were the admitted or undisputed fact, we are not to be understood as holding that the defendant would be responsible for any of the resultant injuries. It might well be argued that after her experience in operating the machine she needed not to be warned against an act so obviously reckless and dangerous. But whether that was the fact, or, as she alleged, her hand accidentally slipped as she was smoothing the muslin, was a question for the jury. The court could not have instructed the jury that, under the evidence, her hand was caught and drawn between the rolls in consequence of her own negligence, without usurping their functions.
For the reasons above suggested, which do not differ substantially from those set forth in the able opinion of the learned
Judgment affirmed.
Reference
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- Negligence — Master and servant — Duty to instruct young persons — Dangerous machinery — Contributory negligence. When young persons, without experience, are employed to work with dangerous machines, it is the duty of the employer to give suitable instructions as to the manner of using them and warning as to the hazard of carelessness in their use. If the employer neglects this duty, or if he gives improper instructions, he is responsible for the injury resulting from his neglect of duty. If there be two modes in which the duty of a servant can be discharged, one safe and the other dangerous, and if the servant be young and inexperienced, and be not instructed, it cannot be declared as matter of law that the risk of making a wrong choice is one of the incidental risks which he accepted when he entered into the employer’s service. Much less can this be declared as matter of law where the young and inexperienced servant has no reason to infer from what he can see that there is a choice of methods. In an action by a girl against her employer to recover damages for personal injuries, it appeared that at the time of the accident the girl was between thirteen and fourteen years of age, and was employed to assist in operating a collar and cuff ironing machine. It was necessary at times during the progress of the work to re-cover one of the felt rolls with muslin. When this was done it was customary to remove a long knife which was on the side of the machine opposite to that at which plaintiff worked. At the time the accident occurred plaintiff was helping another employee to re-cover the felt roll, and the knife had not been removed as was customary. The testimony for the plaintiff tended to show that her hand accidentally slipped, was caught and drawn between the rolls, and that the muscles of her forearm were badly cut by the knife. The testimony for the defendant was in effect that plaintiff’s hand had been drawn between the rolls by her own carelessness in leaning upon the swiftly revolving roll. It-appeared that plaintiff had worked at the machine for a week or more, but had no knowledge and had never been instructed that the knife should be removed when the felt roller was being re-covered. Held, that the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury, and that a verdict and judgment for plaintiff should be affirmed.