44 Minn. 287 | Minn. | 1890
The plaintiff’s employment was that of a common laborer in defendants’ saw-mill. One part of his business .was to remove or clear away blocks, rubbish, and sawdust from under a circular saw. The complaint is that the saw was not properly “housed” or protected, and that the shovel furnished him to work with was unfit to use for such purpose on account of a broken or defective handle, and that, in attempting to use it in removing the rubbish, his hand was caught by the saw, and injured. There were exceptions’to certain portions of the charge, which are properly here for consideration under the assignments of error. And there are certain assignments of error based upon the refusal of the court to give a large number of instructions asked by the defendants. The only exception upon which these assignments are based is a general one “to the refusal to give the requests asked by the defendants.’” We think this exception insufficient to bring before us the propriety of the decision of the trial court upon the several propositions em
It remains only to consider the exceptions to the charge of the court , as given. Among other things the court charged the jury as follows: “There is no doubt that where a buzz-saw is used employes are in danger of being injured by accident or inadvertence or anything of that kind, and, if it can conveniently., without detriment to the machinery, be housed or eased so as to do away with this danger, it is negligence on the part of the owner of the machinery and employer of the men not to have it housed.” To this the defendants duly excepted. The defendants had requested the court to charge “that when dangers are not concealed, but are open to the senses, the servant is ordinarily bound to know them.” Upon and in connection with this request, the court charged that, “as an ordinary rule, if a man can see dangers he is bound to know them. There are exceptions to that rule, as will appear before I get through.” And further, in referring again to the rule, the court said: “That states one side of the case, that ordinarily ^ man is presumed to have his eyes open, and to see the dangers and keep out of them,” — and then proceeded to quote the language of this court in another case—Wuotilla v. Duluth Lumber Co., 37 Minn. 153, (33 N. W. Rep. 551.) To this extract the
In the first place, while the safe rule and practice is to protect dangerous machinery if practicable, it is not necessarily actionable negligence to omit to cover or “house” it in any particular case, though men of ordinary prudence in such cases might do so, for the question of negligence must be determined upon the facts of each ease, the question being whether the employer or master has failed in some duty he owed to the servant. For instance, the master is not guilty of negligence in setting an employe at work in connection with dangerous machinery, though uncovered, if the latter is instructed in respect to the operation of the machinery and the risks so that he might take care of himself, or if the employment and machinery are of such a character that the risks are so apparent that the employe must necessarily comprehend them. Craver v. Christian, 86 Minn. 413, (31 N. W. Rep. 457.) In Sullivan v. India Mfg. Co., 113 Mass. 396, it is held that the mere failure to guard machinery was not a ground upon which plaintiff in that case could recover, and, if he had sufficient knowledge and capacity to comprehend the dangers, he could not complain that the place might have been made safer at a moderate expense.
Order reversed.