162 Mass. 187 | Mass. | 1894
The particular danger of which the plaintiff contends that he should have been warned arose from the fact that objects which come in contact with the rear of a circular saw when it is in operation may be suddenly and forcibly thrown upward and forward. The saw teeth, which at a given instant are just above the table at the back of the saw, have a rapid upward and forward motion, which tends to carry with them objects which they touch, and such objects may be so thrown as to fall upon the front of the saw. The plaintiff was sawing boxwood logs into blocks about one inch and a quarter thick, and some of the logs were so large that the saw would not entirely sever them. These he took from the table by moving them transversely upon it behind the saw until he could bring 'them forward, when with a hatchet he detached the partially severed block. A log which he was thus manipulating behind the saw touched it, and was thrown suddenly forward, carrying the plaintiff’s hand, which fell upon the saw and was hurt.
While there may have been other and perhaps safer ways of doing his work, the evidence tended to show that he had but little experience in cutting the blocks, and also that this method was approved by his foreman, and we cannot, as matter of law, say that in using it the plaintiff was not in the exercise of due care.
The general danger of contact with a circular saw in operation is of course obvious. But the particular danger by which the plaintiff was hurt is not one which is apparent. The saw teeth move with such velocity that they are indistinguishable. Objects which come in contact with the front of the saw in its ordinary use are not thrown upward, but by its action are held in contact with the table. The fact that objects which touch the opposite side of the saw will be affected in a different manner, and one attended with danger, although' easily understood from explanation and readily learned by experience, is not of itself plain and obvious, but is one of those obscure dangers of which an employer should give warning if he has reason to
We do not discuss the question whether a breach of the
Exceptions sustained.