153 Iowa 735 | Iowa | 1912
The plaintiff was engaged in operating one of defendant’s machines, known as a “sander,” when, as is alleged, his right foot was caught in, a belt, 'drawn through an opening in the floor, and both bones fractured below the knee. The two grounds of negligence-alleged are: (1) In failing to properly guard the rapidly running belt, so that plaintiff’s foot could not come in contact therewith while he was engaged in operating the machine; and (2) in negligently and carelessly using and permitting to be used a belt upon the said machine with -a hole in it.
The plaintiff testified that the first belt conveying power wias directly in front of the power lever, about two and one-half inches from it, and that the front board of the hood stood between these, and about an inch from the belt;
The witness testified further that he had been directed by the superintendent to work rapidly, as they wished to get the work then on hand done that evening, as the shop would be closed for a week, though the superintendent denied having told him to hurry, but explained that he did say that the work should be done that evening, even if it were found necessary to work overtime. Plaintiff testified that his foot was on the lever, about eighteen inches from the floor, when it slipped, and that at that time his left hand was on the pressure lever, and his right hand on the table; that he might have stepped over and pushed the lever by hand, but that he had frequently done so with his foot prior to that time; that if the guard not not fallen, his foot would not have gotten into the belt; that his face was toward the power lever when his foot slipped, and instantly, upon striking the edge of the guard, it was caught by the belt; that the hole in the belt was about two and a half inches one way by one-half inch the other. “Q. You do not know whether your foot got caught in that hole, or not ? A. Certainly, I do. Q. Do you mean that your foot got caught in a hole about two and one-half inches long and a half-inoh wide? A. Yes, sir. Q. How do you know that your foot got caught in the hole ? A. Because it was there, and the belt had the edge of my sole in the edge of the hole.”
Whether it would ‘have been practicable, without interfering with the operation and efficiency of the machine, to have attached the guard with a small latch to the floor, or by bracing it to the cupboard in the rear, or by drilling a small hole into the casting forming the side of the sander, and inserting the screw eye therein, and connecting the hook to the top of the guard, was in dispute, as was also the distance from the pressure lever to the power lever,
There was also a conflict in the evidence as to whether employees, in operating the sander, frequently, when lifting the pressure top with the left hand applied to the small lever, turned on the power by pressing the foot against the power lever, the plaintiff saying that this was done nearly every day, and had been done by him in the presence of a superintendent not then in the factory, and he was somewhat corroborated by another, who had operated the machine ; while the testimony of the superintendent was to the effect that this was improper and dangerous practice; that it had never been observed by him; and that it was impossible for a person of plaintiff’s height, because of the distance between tire two levers, to perform the work in this way, and this testimony was somewhat corroborated by other witnesses. The sandpaper on the drums ordinarily lasted about nine hours, and in changing this it seems to have been necessary, not only to stop the machine, but to remove the guard. So that the guard was removed nearly every day, and sometimes several times the same day.
•If, then, the power lever might properly be moved with the foot, was it enough to set the guard over the belts and pulleys without fastening it, otherwise 'than by the olea-ts, in some way? The evidence in behalf of plaintiff indicated that the guard might have been held in place by a latch attached to the floor, or by a brace back of it. or by a hook attached to the frame of the sander, without interfering with the belting, dr much inconveniencing the handling of the guard; while that on the part of defendant tended to show that these could not have been used, because of the location of the belts, or were impracticable, because of interfering with the use of the guard, which had to be remloved several times a day- — every time a sandpaper on a roll tore, or was worn out. Doubtless any of the fastenings, such as mentioned, would have interfered somewhat with the performance of the work, for the guard must be unfastened before being removed; but this was a circumstance to be taken into account in connection with the probable danger to the employee in operating the lever without having the guard fastened. If the situation was such that, notwithstanding its interference with the rapid removal of the guard, an ordinarily prudent person would have deemed the fastening essential to the protection of employees in the operation of the' machine, then this was required to constitute a proper guard, and defendant was negligent in mat providing such fastenings as would have held the guard in place. Of course, the converse follows, and the evidence was such as to carry this issue, also, to the jury.
We conclude, then, that there was sufficient evidence to sustain the finding that defendant was negligent, in that its belt on the sander was not “properly guarded.”
We discover no error, and the judgment is affirmed.