40 Minn. 263 | Minn. | 1889
Lead Opinion
This action is to recover for injuries alleged to have been caused by the negligence of the defendants in respect to the condition of a circular saw upon which the plaintiff was called to work. The defendants, as.partners, were carrying on a manufacturing business, in which they employed machinery run by steam-power, among which was this circular rip-saw, set in a frame-work, on which was a wooden table, through which the saw projected from below; the axis of the saw being beneath the table. On this table the ma
As to the question of the defendants’ negligence, the conclusion of the jury is perhaps sustainable. As we place our decision upon another ground, we may assume that the plaintiff’s claim in that regard is well founded. We will only add, upon this point, that the defendants had been informed of the substituted arrangement adopted by their servants for supporting the table, and the court did not err in excluding, from the jury the question whether the accident was attributable to the negligence of a fellow-servant. But we think that, assuming the machine to have been peculiarly dangerous in that particular to which we have referred, the evidence shows prima facie a want of reasonable care on the part of the plaintiff, and that this is
The duty of the master to furnish reasonably safe instrumentalities for the use of his servants does not extend so far as to require him to attend to or secure the proper regulation of those parts which necessarily have to be adjusted in the course of the use of the implement, with regard to the particular work to be done, and the adjustment of which is properly incident to or a part of the particular service which the servant is himself called upon to perform. This is equivalent to saying that a servant who neglects ordinary caution in the discharge of his duties does so at his own peril. For instance, this saw was provided with a movable gauge, attached to the table beside the saw, to regulate the width of the pieces to be sawed. It could not be said to be the implied duty of the employer to attend to the proper setting of this gauge for the use of the servant employed to operate the saw;
The case being such as we have stated, the plaintiff must be deemed to have known that it was necessary that the table, which he knew was not stationary, be fastened in place by some means, and that this was to be done by the operator as occasion required; and he had no reason to suppose that it was securely fastened at that time. ■ If he had given any attention to the subject, he would have seen that the screws by which it had formerly been secured in place.had been removed. Yet he gave no attention to the subject. This, unexplained, must be looked upon as negligence. It is evident that the plaintiff did not know, and the case does not show, whether the stick used to support the table was properly in position when he commenced sawing, or whether, since the saw was last used, — probably the day before, — it had been displaced so as to rest upon a corner or angle, rather than in upright position upon its narrow side. Upon the ground that the case shows, prima facie, contributory negligence, we are of the opinion that the verdict was not justified.
Order reversed.
Concurrence Opinion
I concur in the result on the ground that the evidence did not show any negligence on part of defendants.