Cordele v. Hampton Cotton Mills Co.
Cordele v. Hampton Cotton Mills Co.
Opinion of the Court
The opinion of the Court was delivered by
This was a suit for damages by the plaintiff against the defendant. The plaintiff’s right hand was mangled in the cogwheels of a machine in defendant’s mill, in which mill plaintiff was an operator. After'issue joined, the case was tried before Judge Wilson, and a jury, at the Richland county term of Court, 1915, and at the close of the plaintiff’s testimony a motion was made for a nonsuit by the defendant, which was refused. When all of the evidence was in, a motion was made by the defendant for a directed verdict, which was refused by the Court, and the case was finally submitted to the jury and resulted in. a verdict in favor of the plaintiff for the sum of $1,700, upon which judgment was entered and defendant appeals.
Exceptions 1, 2 and 3 allege error on the part of the Court in refusing defendant’s motion for nonsuit or direction of verdict on the ground that there was no evidence of negligence on the part of defendant operating as a proximate cause of the injury complained of, and that the evidence is susceptible of no other inference than that the plaintiff’s negligence contributed to the accident as the proximate cause *454 without which the same would not have occurred, and that the evidence admitted of no other conclusion than that the plaintiff assumed the risks from which the injury resulted. The specifications of negligence and wilfulness as set out in the complaint are: Requiring plaintiff to do dangerous work with his hands, and furnishing him with a slack belt, which gave too easily, and in not casing or inclosing the dangerous gearing.
The machines furnished were reasonably safe and suitable. The plaintiff could have stopped the machine and done the work in safety, yet he started the machine and then proceeded to soap the belt. He knew the danger in moving-gears and the machinery; he knew the location of the gears; they were in plain view when he reached for the belt to soap it. He knew that the belt was loose, for he had reported that fact to Fry when he discovered it. He knew all the conditions and dangers, yet he did not stop the machine. There is nothing to show any difference of opinion between the master and servant in regard to the risk involved; no assurance of safety. There is no emergency shown or that Fry or any other representative of the master was present. It will not do to say that, simply because Fry directed him to do the work and keep the machine going until he, Fry, got there, he was not to exercise care and caution on his part in doing the wdrk.
*456 There is no evidence in the case showing negligence or wilfulness on the part of the defendant operating as a proximate cause of the accident.
The Circuit Judge was in error in not directing a verdict for the defendant upon the grounds made before him, and the judgment is reversed and the complaint dismissed.
Judgment reversed.
Reference
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- 1. Master and Servant — Safe Place to Work — Sufficiency of Evidence — Proximate Cause. — Where a servant received injuries to his hand in the cogwheels of a machine in defendant’s cotton mill, when he was ordered to clean and soap the belt, and it appeared that he was an experienced mill hand on precisely the same work, and there was nothing to show any negligence on the part of his superior in .directing him to do the work, any hidden danger, or any danger not known to him, and that if he had stopped the machinery he could have carried out his orders with safety, knowing that the belt was loose and the danger of doing the work without stopping it, and there was no assurance of safety or any emergency, there was no negligence of the defendant operating as a proximate cause of the injury. 2. Master and Servant — Safe Place to Work — Order of Superior — • Construction. — In such case, the order of plaintiff’s superior to keep the machine going until he could get there meant only that the machine was to be kept at work, and did not mean that plaintiff could not stop it for the time necessary to clean and soap the belt. 8. Master and Servant — Safe Place to Work — Assumption of Risk.— An experienced mill operative ordered to clean and soap a belt of a machine and to keep it going until his superior could get there, where the work could have been safely done by stopping the machine, and who knew that the belt was loose and the dangers of the work, in the absence of any assurance of safety or any emergency assumed the risk of cleaning and soaping the belt while the machine was in motion. 4. Master and Servant — Repair of Machinery — Contributory Negligence. — In such case, plaintiff did not exercise the care and caution that, in view of his experience in working in mills and about similar machinery, he should have exercised. 5. Master and Servant — Obedience to Order — Contributory Negligence. — A servant must exercise common sense in obeying the reasonable orders of his superior, if he knows it to be dangerous and likely to cause injury to himself. 6. Master and Servant •— Contributory Negligence —• Method of Work. — When there is a safe way and an unsafe way to do a thing, the servant doing it must adopt the safe way.