Lefebvre v. Lawton Spinning Co.
Lefebvre v. Lawton Spinning Co.
Opinion of the Court
This is trespass on the case for negligence.
At the trial of the case in the Common Pleas Division the jury returned a verdict for the plaintiff in the sum of $7,500, and the case is now before us upon the defendant’s petition for á new trial on the grounds (1) that the verdict is against *217 the evidence ; (2) that it appears that the plaintiff was guilty of contributory negligence ; (3) that the court erred in admitting certain testimony against the objection of the defendant; and (4) that the court erred in admitting testimony relating to matters not set forth in the plaintiff’s declaration.
The evidence shows that the place where the plaintiff had to perform her work was a narrow alley, about three feet wide, bordered on both sides by a row .of twisters; that on top of these twisters and close to the alley were brass rolls of smooth surface, about three inches in diameter, and placed horizontally one above the other. One of these rolls extended the whole length of the machine, and was stationary. The other consisted of a series of small rolls three inches apart one from the other, about three inches long, and placed above and along the entire length of the long roll.- These small rolls were not fixed, but could be easily moved up'and down.
It further appears from the evidence that the floor of said alley-was slippery, by reason of oil that was being constantly projected from the machines.
As to the first ground for a new trial, we are not satisfied, after a careful examination of the. evidence submitted, that it is well taken.
Moreover, the plaintiff in this case, owing to her tender years, could not be required to' exercise that degree of care *218 which a person of mature years and long experience could properly be called upon to exercise; and hence the degree of care which she was called upon to exercise, under the circumstances, was peculiarly a question for the jury.
The third and fourth grounds of the defendant’s petition may properly be considered together.
The testimony objected to was the plaintiff’s statement as to the directions or instruction given to her by the foreman or second hand, under whom she was working, as to the manner in which she could take off, or “ doff,” the bobbins when they stuck, as aforesaid, as they frequently did.
This testimony was objected to by defendant on the ground that the plaintiff’s declaration contained no specific allegation regarding such direction or instruction, and hence that it was improperly admitted.
The plaintiff’s declaration alleges, amongst other things :
We think it is clear that in view of this allegation the testimony objected to was admissible, and hence that the ruling complained of should be sustained-. The declaration was manifestly specific enough to notify the defendant as to the general claim which would be made by the plaintiff regarding the matter of instructions in the doing of said work. To require more particularity in the premises would practically amount to calling upon the plaintiff to set out the testimony which she proposed to offer upon this branch of the case. And no rule of pleading of which we are aware calls for this.
The evidence shows that the plaintiff first attempted to take the bobbin off with her hands, but could not; and that *219 then she kicked it with her foot, and fell backwards. It also shows that she was instructed by the foreman, who had the direction of the employees in the room, to kick them off when they stuck ; also, that when he gave her these instructions, he showed her how to kick them off. She also testifies, and there is practically no contradiction as to this, that the floor was slippery on account of the oil running on it, and that it was never washed ; or, at any rate, only at long intervals. The plaintiff had only worked in said capacity since April, 1900; that is, about seven or eight weeks before the accident. She had previously slipped on the floor two or three times while kicking off the bobbins, but had received no injury.
Whether, in view of the plaintiff’s age and her short experience in doing work of this sort, taken in connection with her surroundings aforesaid, the instructions ogi ven her as to the method of removing the bobbins from the spindles were reasonable and proper was clearly a question for the jury.
There is evidence that nearly one-half of the bobbins were too small for the spindles, and that workmen were employed, before and at the time of the accident in question, in “ sizing them tip;” that is, as we understand-it, fitting them to the spindles so that they would go on and off properly.
Upon a careful consideration of all the evidence, and of the points taken by defendant, we see no ground upon which we can properly interfere with the verdict of the jury ; and hence the defendant’s petition for a new trial must be denied, and the case remitted to the Common Pleas Division with direction to enter judgment on the verdict.
Reference
- Full Case Name
- Lea LeFebvre, Pro Ami, vs. Lawton Spinning Co.
- Status
- Published