Gilbert v. Chicago, Milwaukee & Puget Sound Railway Co.
Gilbert v. Chicago, Milwaukee & Puget Sound Railway Co.
Opinion of the Court
The lower court sustained the defendant’s demurrer to the fourth amended complaint in this action. The plaintiff declined to plead further, and the action was dismissed. The plaintiff has appealed.
The only point in the case is whether or not it was the duty of the defendant to so guard material that was being used in what is called a turret lathe that employees of the respondent might not be injured thereon. The complaint is based upon the allegation that it was the duty of the defendant to guard this material, under the provisions of Rem. & Bal. Code, § 6587 (P. C. 291 § 61), known as the factory act. According to the allegations of the complaint, this turret lathe was used by the respondent for the purpose of dressing or journaling round bars of iron of different lengths and di
“Any person, firm, corporation or association operating a factory, mill or workshop where machinery is used shall provide and maintain in use, . . . reasonable safeguards for all vats, pans, trimmers, cut-off, gang edger, and other saws, planers, cogs, gearings, belting, shafting, coupling, set-screws, live rollers, conveyors, mangles in laundries and machinery of other or similar description which it is practicable to guard, and which can be effectively guarded with due regard to the ordinary use of such machinery and appliances, and the dangers to employees therefrom, and with which the employees of any such factory, mill or workshop are liable to come in contact while in the performance of their duties.”
It is argued by the appellant that, in view of the fact that the round iron bars which were turned in this lathe were fastened to the lathe and revolved, it therefore became a shaft, within the meaning of the statute. But it is plain, we think, that the legislature, by this provision of the statute, were requiring operators of factories and mills to guard the machines themselves, and not the material which is being fed into the machines. The word shafting, as used in that provision, is a common word of well-known meaning. It is a part of the machine itself upon which pulleys run and is a means of driving the machine the same as belting or pulleys. AH these descriptive words used in the statute are parts of
The judgment is therefore affirmed.
Crow, C. J., Parker, Gose, and Chadwick, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.