154 P. 1057 | Cal. | 1916
Plaintiff, a young woman nineteen years of age, sustained severe injury to her hand while in the employ of defendant. She was engaged in operating a machine known as a "baby mangle," a rapidly revolving heated cylinder about six feet long, used for the purpose of drying and pressing thin, soft fabrics, such as handkerchiefs, towels, etc. Plaintiff had been operating this machine for about two months before the accident happened. The machine itself appears to have been in perfect working order. At the time of the accident plaintiff was holding an apron in her hands and was stretching the apron to its limit to take out a crease, so that it would be pressed smoothly. While thus engaged, her right hand was caught, drawn under the steam-heated roller, crushed and burned. The injury further resulted in the contraction of the tendons of the fingers so as to incapacitate her from earning her livelihood at her chosen vocation, which was that of seamstress and dressmaker. The machine at which she was employed was not provided with any guard. The guard for such a machine is a rod of brass or other metal so placed in front of the revolving cylinder as to admit the clothes sought to be pressed, but preventing the catching and drawing in of the operator's hands. The complaint charged a failure upon the part of the defendant to provide plaintiff with a machine reasonably suitable and safe for her work, and specifically in failing to see that the machine was equipped with a guard such as has been described. Trial was had before a jury, whose verdict was for the plaintiff. From the judgment which followed and from the denial of defendant's motion for a new trial it prosecutes this appeal.
Many propositions which appellant here advances may promptly be resolved in its favor. Thus, it is true that the master is not liable for failure to warn the servant of the *763
danger where that danger is obvious, and that the employee ordinarily assumes the known risks and dangers of his occupation. Also, the evidence shows that plaintiff was sufficiently intelligent to have, and did have, a realization, indeed, a full appreciation, of the fact that injury to her would certainly result if her hand were caught and drawn under this rapidly revolving steam-heated roller. So also it is true, speaking now generally, that so far as concerns an employer's duty to his employee, the former is not bound to furnish the safest machinery or the best methods and appliances for the conduct of the particular operation in which the employee may be engaged. (Sweeney v. Berlin etc. Co.,
The judgment and order appealed from are therefore affirmed.
Melvin, J., and Lorigan, J., concurred.
Hearing in Bank denied.