390 Pa. 427 | Pa. | 1957
Opinion by
Plaintiff, an experienced farmer, 26 years of age, sued his father in trespass for loss of his right hand and a part of his right arm while working around a
It is hornbook law that in considering a motion for a judgment n.o.v. we consider the evidence which is favorable- to plaintiff, together with all reasonable inferences therefrom. Applying this test, the facts which were proved on behalf of plaintiff were as follows:
Plaintiff and defendant were experienced farmers and each owned a farm in Mercer County, Pa., approximately 13% miles apart. Prior to the accident, plaintiff had many years of experience with farm equipment, including a corn binder, manure spreader, corn planter, mowing machine, hammer mill, ensilage cutter, hay rake and grain binder, but had never operated a husker-shredder machine.
Prior to the accident, plaintiff and defendant had a reciprocal arrangement under which each performed services for the other on the farm of the other. In July or August 1954, -plaintiff and defendant saw a used husker-shredder machine known as a “Dues Busker-Shredder” on the premises of a dealer in farm
The snapper rolls and conveyor belt were propelled by electric power from a tractor located about 50 feet distant from the machine. A long belt connected the fly wheel Of the tractor with the machine. The only way to stop the conveyor belt and the snapper rolls was by turning off the power at the tractor. It was obviously very dangerous for an operator of the machine to place his hand in the area between the end of the conveyor belt and the snapper rolls.
The machine was first operated by the plaintiff on October 23, 1954. 'On' that date the plaintiff fed.-corn
After the plaintiff had been feeding the machine for over an hour on October 25, 1954, during which time one wagon load of corn and part of another went through the machine, his right arm became caught in the snapper rolls of the machine. When plaintiff’s hand became caught in the snapper rolls, he grabbed his right arm with his left hand to keep his right hand from going farther' into the snapper rolls. Plaintiff then asked Reed to shut down the machine. Reed called to Zahnizer, who was hard of hearing, to shut down the machine, and when Zahnizer did not respond, Reed went to the tractor and stopped the power on the tractor. This took about five minutes. Plaintiff’s right arm had to be amputated three inches above the wrist.
The accident, according to plaintiff, happened as follows: “Q. To the best of your knowledge, how did this accident happen, what occurred? A. I had gloves on and they was a flare-type glove, a stalk might have got caught, these stalks are bent up pretty bad, one bent end could have got in my glove and the other end into the snapping rolls and jerked my hand in before I could even, the rolls are moving so fast, you would have no realization that the hand was even moving towards there at any amount before it got in the rolls. The only other way that I know of it could possibly get in, if I had been reaching for a stalk of crossed corn and while trying to move it with another stalk, the end which would be out of my sight, standing up, might have got caught in the snapping rolls and with your reflexes, your reflexes wouldn’t allow you to let go of that stalk of corn that quick. ... Q. Tell us what your next impression was when your hand was caught. A. Well, from there on it’s pretty hazy, I suppose. I could feel the pain in my hand and realized my hand was starting in the machine. Q. And what do you next recall? A. Pulling back, I was trying to stop it from going
“Q. You knew that it was dangerous to get too close to those snapping rolls, didn’t you? A. Yes, sir, I knew that. ... Q. You knew it was dangerous to get your hand too close to the snapping rolls, didn’t you? A. I knew that, yes, sir. Q. You knew that on Saturday, October 23? A. Yes, sir, I knew that. Q. And you knew that on the 25th? A. Yes, sir, I knew that. Q. You knew that the snapping rolls moved continuously as long as the tractor was going, didn’t you? A. I knew of no other way to shut them off, no. Q. You were asked that, my boy, weren’t you, ‘Were the snapping rolls moving continuously?’ and your answer was, ‘Yes, as long as the tractor was going.’ That’s correct, isn’t it? A. That’s right. Q. During all of your experience in industry and mills and on the farm and operating machinery you have acquired information and knowledge and experience that has brought home to you that any moving parts in machinery are dangerous if a part of the human anatomy comes in contact with them? A. That’s right, sir. Q. You knew that long before October 25, didn’t you? A. Yes, sir, I knew that.”
We need not decide whether plaintiff’s evidence was legally sufficient to establish that defendant ivas negligent because he failed to provide a reasonably safe place to work, or, in this case, a place to work and a machine equipped in accordance with the ordinary or general usage
For these reasons, judgment is here entered for defendant non obstante veredicto.
Cf: Prattico v. Hudson Coal Co., 347 Pa., supra; Cool v. Curtis-Wright, Inc., 362 Pa. 60, 66 A. 2d 287, and cases cited therein; Doyle v. Atlantic Refining Co., 357 Pa. 92, 53 A. 2d 68.