131 Mo. App. 146 | Mo. Ct. App. | 1908
This is a suit to recover damages for an injury alleged to have been received, by reason of the. failure of the defendant to comply with section 6433, Revised Statutes 1899. The defendant is a corporation engaged in operating a manufacturing and mechanical business in Kansas City, Missouri. The plaintiff, a boy of about fourteen years of age, was at the time of the alleged injury in the defendant’s employ, and operating a machine called a pointer, which was
All the machinery was safely guarded except one from which the guarding had been removed a short time prior to the 17th day of April, 1908, for the purpose of repairing it. The repairs had been finished, but the guard had not been replaced at the time of plaintiff’s injury.
While plaintiff was operating his machine the belt came off, of which fact he notified Mr. Steel, defendant’s general foreman, who directed bim to go to Mr. Sampson his immediate foreman, who directed him to go to a person called a belt lacer whose duty it was to look after the belting in the establishment, and keep them in running order. The plaintiff reported the matter to the belt lacer who put the belt on, at which time he Avas called elsewhere, whereupon, he gave to plaintiff a small can of belt oil and directed him to apply it to the belt, and then take the can to Sampson. After applying the oil, plaintiff took the can to Sampson who Avas setting dies on the threader from which the guards had been removed. The latter told plaintiff to put the can on the back part of the threader and pointed to the place where he wanted it put. There was a fiat iron surface running along on the back part of the
It was shown that the space between the back of the machines and the wall was used only when it was necessary to repair the machinery or when it became necessary to put on or take off the belting. It was no part of the duty of plaintiff or others operating the machine to repair the machinery, there being a machinist for that purpose, and it was the duty of the belt lacer to look after the belting. It was shown that the guards that had been put on the machines had been placed upon them at a time when they were differently placed and were dangerous to the employees if left unguarded, but it is contended that since they occupied their new position with reference to the wall back of them as we have described and the space between the wall and the machines not being used by the operators as has been stated there was no real necessity for such guards.
The statute reads as follows: “The belting, shafting, gearing and drums, in all manufacturing, mechanical and other establishments in this State, when so placed as to be dangerous to persons employed therein or thereabout while engaged in their ordinary duties, shall be safely and securely guarded when possible; if not possible, then notice of its danger shall be conspicuously posted in such establishments.”
The object of the statute was not to require guards in all cases but only in such cases where the machinery would be dangerous to persons employed while engaged
But aside from what has already been said, admitting that the machinery was of such a character as to make it dangerous to the employees and such as the statute required to be guarded, the plaintiff would not be entitled to recover in this form of action, for the reason that he was not injured while engaged in the discharge of his ordinary duties. It was not a part of his duty to look after the oil can and so far as the evidence goes the occasion in question was the only time