131 Ky. 225 | Ky. Ct. App. | 1909
Affirming.
The appellant brought this action against the appellee company to recover damages for personal injuries sustained while laboring in its employment. Upon the conclusion of the evidence, the trial judge directed the jury to return a verdict for the defendant, now appellee. This ruling imposes upon us the necessity of reviewing the facts for the purpose of ascertaining whether or not there was sufficient evidence to authorize the submission of the case to the jury.
It appears that at the time of the accident appellant was engaged in heating rivets in a portable furnace, and carrying them, when heated, to an ash pan located about eight feet from the furnace, which was being repaired by two boiler makers. It was also his duty to put the heated rivets into holes in the ash pan, which rivets were then driven and riveted by the boiler makers-. The ash pan had been placed for repairs in an open space in one of the shops of the company about three feet from a large upright machine, with cogwheels, used for rolling iron. The furnace in which the rivets were heated was also some three feet from the rolling machine; the furnace being north of the rolling machine, and the ash pan west. The rolling machine stood upright in the floor, was several feet high and the rollers which were unprotected, could plainly be seen by any person exercising the slightest degree of care. The cogwheels of the machine were put in motion by a belt operated by a lever, and, although it had been located for some months at the place where it was when the appellant was injured, it had not been operated for some time
It has been settled in numerous eases that, as a general rule, the master must furnish the servant a reasonably safe place and premises in which to do the work for which he is engaged and reasonably safe implements to work with. It is equally well settled that in many states of case the master will be liable,
We have examined tbe cases of Louisville & Nashville Railroad Company v. Vestal, 105 Ky. 461, 49 S. W. 204, 20 Ky. L. R. 1069, and Kane v. Northern Rail
We have given to this case careful attention, and, looking at it . from any standpoint, we are unable to perceive in what respect the company was guilty of negligence as to appellant. The misfortune he met .with was due entirely to his own thoughtless or heedless act, and, as there is no dispute about the facts, our conclusion is that the court properly directed a verdict for. the defendant.
The judgment of the lower court is affirmed.