Corll v. Masurite Explosive Co.
Opinion of the Court
The defendant is a corporation engaged in manufacturing and selling masurite, a high explosive, and detonating caps to explode it. The caps are each I.I/4 inches long and one-quarter of an inch in diameter. Each cap contains two copper wires, 8 feet long, which pass through the priming'charge and arc connected at the ends by a piece of platinum wire. The priming charge is sealed into the cap by a mixture composed largely of sulphur. The detonating cap, or, as it is commonly called, the exploder, is placed within the explosive, and the ends of the copper wires are attached to longer wires connected with a powerful electric battery, A heavy current passing from this battery through the detonatcr would explode it, and with it the explosive itself.
Before selling detonators, the Masurite Company tested them, using for the purpose a delicately constructed instrument, called an “ohmmeter.” By the movement of an indicator on a dial (covered with glass) this device measures and shows the force of the current of electricity which is produced by the battery and passed through the resistance coil. In testing a detonator, the exposed ends of its wires were at the same time placed upon the two posts of the ohmmeter,. thus sending a current of electricity from the battery of the ohmmeter through the platinum wire of the detonator, which is used to explode the detonator when a powerful current is applied later for that purpose. If the ohmmeter, used as described, should register on the dial
The plaintiff had been at the work of testing detonators for three or four weeks when the accident occurred. Before that she had been employed at the factory for something over a year, working at making, gluing, and rolling paper shells, and then packing them with masurite. She had only been working three or four weeks in testing detonators, for which an ohmmeter was used. Her knowledge of the ohmmeter, its method of construction and operation, and the dangers incident to its use, were necessarily limited.
The accident grew out of the explosion of a detonator shortly after an ohmmeter had been used. This ohmmeter had been knocked off a table and fallen so hard that the glass over the dial was broken, and there appeared to be a question whether it had not been injured and was unfitted for use. There was, however, an attempt to use it, and when the dial did not show any current from the ohmmeter, and the plaintiff, in the belief that the ohmmeter was not working, but needed examination by the foreman or superintendent in charge, laid the detonator, or several of them, on the table, there was an explosion, and she was seriously injured.
In handling- this situation, the court below in its charge called attention to the fact that the explosion was either instantaneous or delayed. If instantaneous, the plaintiff was guilty of contributory negligence, because she had not placed the detonator in a bomb proof, used to protect those near from an explosion, as she had been told to do, and it was this negligence which caused the injury.
On the other hand, the court charged the jury that there was no testimony justifying the submission to them of the question whether there was a delayed explosion, and, since there was no substantial testimony to support the claim, that the explosion was a delayed one, the court could not leave the decision of that fact to the jury, and could not base a verdict on the jury’s finding that the explosion was delayed. The court charged the jury, in addition, that the question could not be left, to them whether a broken ohmmeter was not the proximate cause of the explosion, and accordingly directed a verdict for the defendant.
We think the court failed to take a proper view of the part the' ohmmeter played in the accident and should have played in the case. It was a delicate electrical instrument, designed and employed to regulate and measure the current of electricity which was produced by its battery and permitted to pass through its resistance coil. When used to test a detonator, a very light current was allowed to pass, so light as not to heat the platinum wire, so there was no danger in using it, but heavy enough to show that the current passed, so as to demon
It is to be noticed that under normal conditions, with the use of an ohmmeter in order and accurate, the platinum wire would not be heated so as to have any effect upon the charge in detonator. To heat the wire to a point which would affect the charge and gradually cause combustion and explosion — in other words, bring about a delayed explosion — it would be necessary to reduce the resistance in the ohmmeter, and thus permit a heavier current to pass through the platinum wire in the detonator; and it would be necessary to do this at a time when for some reason the current had been increased, at a time when
Judgment reversed, and the case remanded for a new trial
Reference
- Full Case Name
- CORLL v. MASURITE EXPLOSIVE CO.
- Status
- Published
- Syllabus
- Master and Servant (§ 285*) — Action for Injury to Servant — Sueeioien'OT' of Evidence. Evidence considered, in an action by ail employe against the master l'or a personal injury, and. held sufficient to entitle the plaintiff to have submitted to tile jury the question whether or not the injury was proximately caused by a defective appliance, for the condition of which defendant was responsible. fE