101 Wis. 402 | Wis. | 1898
In defendant’s paper mill was a machine used for the manufacture of paper. At one end of this machine was a hopper four or five feet wdde, a little longer than it was wide, into which the pulp mixed with wrater flowed. This hopper was built upon an iron frame, four or five feet from the floor of the mill. Its sides were perpendicular. In the bottom of the hopper was a screen, through which the pulp and water was forced by suction. On one side of the hopper was located a drum or cylinder made of iron, about fifteen inches in diameter, containing a fan, which revolved at great speed. Extending from the side of the drum Tvas a short shaft, to which was attached a small pulley, which was belted to a large pulley on the driving shaft above. The ends of the drum curved downward, and were connected with the bottom of the hopper by sheet-iron pipes. The drum extended two or three feet above the top of the hopper, and the side nearest the hopper was a foot or
The plaintiff was injured on August 30, 1893. He had been at work in this mill about two and one-half months, and had had about two years’ experience in paper mills altogether. He was employed by defendant as cutter boy about the paper machine, and at different times had scraped the screen, and two or three times previous to the accident had performed the Operation of “ spatting.” On the day of the accident, he was directed to spat the screen in question. It was about 10 o’clock in the forenoon. His relation of the accident is as follows: “ At the time I lost these fingers, we were changing paper, and we washed up. ¥e had to wash the screens, and in this place I could not reach the further end of the screens; so I was compelled to get in it, and had a spat, which is made of a piece of rubber belt
We feel very clear that the ruling of the trial court must be sustained. The case is barren of any proof of whether the opening on the top of the drum was covered or not at the time of the accident. The plaintiff testified that, on September 15th following the accident, he examined the drum, and found that there was a hole in the wire netting where it had sagged down against the fan. This does not establish the fact that there was no netting there at the time of the accident. But, whether the opening in the drum was covered or not, we are of opinion that the conditions shown do not establish a case of negligence within the rule laid down by the authorities. The hole in the drum was some three feet above the screen. The drum itself was wholly outside of the hopper, the nearest portion being a foot or more distant. It was wholly disconnected with the work plaintiff was called upon to perform, and was not in the
But there are other very potent considerations in this case. The plaintiff was a young man of average intelligence, nearly eighteen years of age, and in possession of all his faculties. He had worked in paper mills for about two years, and in this mill over two and one-half months. The shaft, pulleys, and drum were in plain sight. He ,had scraped the screen very many times, on the average of every half hour during the day when the machine was running. He knew the machinery was in motion. The scene of the accident was well lighted from adjacent windows. If he had used his eyes, he could not fail to have seen the opening in the top of the drum. The air that was sucked through the screen had to be expelled at some point, and it is a fair inference from the plaintiff’s testimony, and from the pictures of the machine attached to the. bill of exceptions, that it was forced out of this hole in the top of the drum. If such is the fact,
This case is quite distinguishable from Nadau v. White River L. Co. 76 Wis. 120, and the other cases cited by plaintiff. There was nothing hidden or secret in the alleged defect. It constituted no menace to him while in the discharge of his duties. It only became such by his reaching over the side of the hopper, and using it as a rest. The defendant had a right to assume that he was a person of ordinary common sense for one of his years, and that he would exercise such care to avoid dangers which were visible, and which he knew, or ought to have known, existed, as might reasonably be.expected of one of his years and capacity. Roth v. S. E. Barrett Mfg. Co. 96 Wis. 615. The proof shows that he did not come up to this expectation.
By the Qowrt. — The judgment of the circuit court is affirmed.