Eicher v. Bruckman Lumber Co.
Eicher v. Bruckman Lumber Co.
Opinion of the Court
Opinion by
Appellee’s husband was an experienced sawyer, and was accustomed to circular rip saws, understanding generally their mechanism. He was employed by appellant for three years prior to his accident, but, owing to scarcity of orders, had not been working for several weeks; he returned to work the day he was hurt. Receiving a rush order from the foreman to rip out some lumber for a customer, who was then waiting to receive it, deceased, owing to an accident to his machine, and on the suggestion of his helper, went across the roadway to finish the job on another machine. After sawing a few pieces, and while his helper was in the act of changing the feed, the idler being away from the belt, deceased stooped down to pick up what is known as a “shove-out stick” that had fallen underneath the table. He slipped, his chin striking the top of the table, his left arm the feed belt under the table, by which he was pulled into the saw, and, in his efforts to relieve himself, his arm was cut off below the elbow. On a verdict and judgment in appellee’s favor, defendant took this appeal.
The machine was operated from a line shaft, directly under the floor, by a loose belt which extended over the pulley at the saw, and down through the floor over another pulley on the line shafting. A small wheel, known as an idler, was thrown against the belt, which served to tighten it, applying the power from the line shafting. The negligence charged is that the belt, which should at all times be loose when the idler is away from it, had, from some cause, become tightened over the two pulleys so that the power was always on and the saw continued to operate regardless of the position of the idler;
Judgment affirmed.
Reference
- Full Case Name
- Eicher, Admrx. v. Bruckman Lumber Co.
- Status
- Published
- Syllabus
- Negligence — Master and servant — Safe tools and machinery— Nondelegable duties — Contributory negligence — Transitory condition — Case for jury. 1. Where an employee is engaged in a hazardous employment, he ■assumes the risk that is manifest from such employment, but he has a right to expect that his employer has performed the nondelegable duties imposed upon him, of furnishing a reasonably safe place in which to work, with reasonably safe tools and machinery. 2. A workman eannot be charged with contributory negligence because he did not assume an unusual thing would happen when he performed an act in the usual way. 3. The tightness of a belt, causing machinery to revolve when it should stop, is not a transitory condition that should be remedied by the employee, as a new belt or piece would have to be supplied; it might be different if the belt was to be shortened.