134 Minn. 162 | Minn. | 1916
Plaintiff was a wood worker in the employ of defendant at its shops at Deer Lodge, Montana. Part of his duty wa's to 'operate a “gainer” machine. This machine is used in shaping heavy timbers. It consists of a table on which is set revolving knives projecting somewhat above the table, and these cut out a strip or groove as the timber is fed into the machine. The timbers were furnished to plaintiff by a foreman, after being first inspected by the foreman to see if they were suitable for the purpose for which they are to be used.
On February 11, 1914, plaintiff was shaping a number of timbers that were furnished to him by the foreman. One proved to have in it a hard, brittle knot. Plaintiff testified that,-when he fed this timber into the machine, part of the wood at the knot flew out and struck him in the eye, causing some injury.
There are many cases in the books holding5, that it is the duty of the master to furnish the servant a reasonably safe place to work and reasonably safe tools and appliances with which to do his work. Benson v. Lehigh Valley Coal Co. 124 Minn. 222, 227, 144 N. W. 774, 50 L.R.A. (N.S.), 170.
Under some circumstances it may also be negligence on the part of the master to furnish the servant material, for manufacture, the work upon which is fraught with danger. Neveu v. Sears, 155 Mass. 303, 29 N. E. 472.
We think, however, it is not generally considered that the proprietor of a wood working plant is under duty to furnish his wood workers with timber free from knots lest a knot may fly out when work is being done upon it and cause injury. An accident from such a cause is possible, as the evidence of plaintiff in this case tends to prove, but it is of such casual and chance character that we do not think that defendant was bound to anticipate it.
It was said in Christianson v. Chicago, St. P. M. & O. Ry. Co. 67
We are of the opinion that no negligence was proven.
Order affirmed.