154 Iowa 741 | Iowa | 1912
The defendant corporation is a manufacturer of brick and tile at Mason City, Iowa. The grounds occupied by the plant have an area of nearly twenty acres, extending about eighty rods east and west and thirty-five rods north and south. Near the center of this tract are situated the buildings made use of in carrying on the business; among these structures, a detailed description of which is unnecessary for the purposes of the appeal are a large dryer, a machinery room, a boiler room, an engine room and coal room, standing upon the west side of a railway track which has been laid for the accommodation of the factory. On the east side of the track is a building known as “the old blacksmith shop,” and ten feet south thereof is the “new shop.” A door in the south end of the old shop opens upon the alley between these buildings. In the old shop, and about twenty-eight feet from the south end thereof, is a horizontal shaft of iron or steel, by the aid of which power was applied to the operation of certain fans. This shaft rests on bearings about five feet above the floor. This room is also connected with an oil room to which employees have frequent occasion to go in the course of their employment. No particular work was then being carried on in the room containing the shaft, but workmen frequently entered it to reach the oil room, and for other temporary purposes, and, when work was in progress in that vicinity, the door opening upon the alley was frequently, if not usually, left open. This alley was much frequented by the workmen, and at times at least persons not connected with the business made use of the passage in crossing the premises of the defendant. Among the persons so passing with more or less frequency were boys who sometimes loitered and played in that vicinity, but the extent of this practice
On the day of the accident in question the plaintiff, a boy then in his eleventh year, with others, went into the old shop through the open door and played upon the shaft. In so doing the clothing of the plaintiff was in some manner wound upon the shaft, and, before help could be obtained for his release, he sustained very serious injury. To recover compensation for the damages so occasioned this action has been brought. The defendant is charged with negligence in leaving an open and unobstructed entrance to the shop, containing dangerous machinery of a character likely to attract children, and in permitting children to there resort as a place to play, and in the further fact that upon the revolving shaft above mentioned there was an unguarded set screw upon which plaintiff's clothing was caught binding him to the shaft, and preventing his escape from injury. The allegations of the petition charging negligence are denied by the defendant. The issues were tried to a jury. At the close of the testimony, defendant moved for a directed verdict in its favor on the ground that the evidence was insufficient to support a recovery of damages. This motion was overruled, and, the cause having been submitted to the jury, a verdict was returned for plaintiff in the sum of $1,000. . From the denial of its motion for a new trial and from the judgment on the verdict, the defendant has appealed.
Very numerous errors are assigned and argued as grounds upon which a new trial should be ordered. Most of these we think it unnecessary to discuss except as they are involved in the general question concerning the sufficiency of the evidence to sustain the verdict.
In this shop, as we have seen, was the entrance to the oilroom. It was also used as a sort of storage room, where certain supplies or extras were kept. There was also a grind stone upon which tools were sharpened. Workmen
Still less is there any evidence to charge defendant with knowledge that plaintiff was in a place of danger, and that, with such knowledge or with knowledge of facts giving rise to such reasonable apprehension, it wantonly or recklessly set the machinery in motion, regardless of plaintiff’s safety. The law is solicitous to promote the safety of human life and limb and to protect from serious harm children whose tender years and inexperience render them more or less incapable of self-protection, but in attaining these desirable ends due regard must be had to the rights of others. The ownership of property and the conduct of industrial enterprises should not be penalized by the imposition of liability for injuries which are not the result of any breach of duty by the proprietor or by those for whose conduct he is in any manner responsible. There is here no showing of a duty on the part of defendant to guard its blacksmith shop against the uninvited and undesired entrance of the plaintiff or of boys in general, and we think a verdict should have been directed in its favor.
As this conclusion sufficiently disposes of the appeal,
Eor the reasons stated, the judgment of the district court is reversed.