116 Ark. 284 | Ark. | 1914
This -is an action against the railway company to recover damages for personal injuries alleged to have been sustained by plaintiff’s intestate while working in the shops of defendant in Argenta. Deceased, William Middleton, was a machinist, and while working at one of the machines in the shop, handling a heavy metal appliance of a locomotive engine which he was repairing, it fell on his hand and mashed the flesh from one of'his fingers. Blood poisoning resulted from the injury and the injured man died from the effects. The-piece of machinery he was working on was a part of an engine used by the railway company in interstate commerce and the action is -based upon the Federal statute ■which, provides for compensation for employees of common carriers who are injured while engaged in interstate commerce. Appellant concedes that under the facts of the case the deceased was employed in interstate commerce, and that if there is any liability at all it falls within the terms of the Federal, statute.
Deceased was an experienced machinist, having served an apprenticeship of several years, and when he received his injury had been working in the shops as a fully equipped machinist for six or eight months. He worked under a foreman of the department named Harris and was accustomed to working at any machine to which he was assigned. He had worked at the particular machine where he was injured several times before this occasion. The machine he was working at was a thirty-six inch turning lathe, and he was engaged in boring a 'heavy metal appliance called the rod brass of an engine. The appliance weighed from 100 to 125 pounds and was placed in the lathe for the purpose of boring a hole in it to fit the pin, and facing off the side. It was held in place in the lathe by three jaws, which were tightened up by means of a screw and nut. The job was what was termed a rush order, which we understand to mean that it was work to be done not necessarily with special haste but that it was .to have precedence over other work. Another man was on the job and .had placed the brass in the lathe, when he was called off and Middleton was assigned to complete the job: He went to work at it and worked there for a period of time, when he completed one side of it, and it became necessary to loosen up the jaws, remove the brass from the lathe, and turn it round and put it back in the lathe so as to face the other side. He removed it from the lathe and while attempting to put it back, after having turned it round, it slipped out of the jaws and when it fell ho the platform on which the machine rested it struck one of 'his fingers and mashed off some of the flesh. The only witness who stood near Middleton and was able to describe the way in which the injury occurred, says that Middleton had taken out the brass and .turned -it aronnd and put it back in position, and was holding it there in place with one hand while attempting to screw down the nut .so as to tighten the jaws with his other hand, and the-brass appeared to slip out of the jaws and fall.
There are three allegations of negligence in the complaint; one that the employer-failed to- furnish sufficient helpers to the mechanics, and particularly that no helper was furnished to Middleton to aid him in handling the brass; next, that the jaws of the lathe were permitted to become worn .smooth so that they would not hold the piece of brass, but would allow the same to slip out; and third, that shavings of dirt were allowed tbo acieumulate around thé screw with which the jaws of the lathe were tightened, so -that when Middleton attempted to screw down the nut it would not work and tighten'the jaws, and that Middleton was thus misled into believing that the nut had gone down far enough to tighten the jaws, whereas it had been retarded and stopped by the dirt and metal shavings around the screw. The plaintiff was awarded damages by the verdict of “the jury, and the defendant has appealed. The case was submitted to the jury on an instruction with respect to the acts of negligence named in the -complaint in failing ito furnish sufficient help, and also in failing to -exercise care in furnishing a safe place to work, in that the jaws were allowed to get smooth and out of repair, and that the shavings and dirt were allowed to accumulate around the screw.
It is not so olear that the allegation of negligence with respect to allowing to become clogged the screws which were used in tightening the jaws of the lathe is supported by evidence sufficient to .warrant its submission to the jury. There is sufficient evidence, it is true, that the screws were clogged up with metal shavings which probably prevented the tightening of the jaws, but it appears from the testimony of witnesses, as we interpret it, that it is the duty of the machinist while operating the machine to see to freeing the screws from such obstacles, inasmuch as the screws were liable to be dogged up at any time by the shavings falling from the metal as the work proceeded. The testimony is that it was customary to strike the lathe heavily with a hammer from time to time so as to jar the shavings out, and cause them to fall from around the screws. Now, if it be true, as that testimony tends to show, that it was the duty of Middleton himself to see that the screws were kept free from such obstacles, then it follows that an act of negligence on the part of the master or fellow-servant can not be predicated upon the presence of such obstacles around the screws. These observations concerning this branch of the case are thrown out for guidance in another trial of the case when this branch of it may be more clearly and definitely explained in the testimony.
For the error of the court in submitting the issue of negligence of the defendant’s foreman in failing to furnish a helper, the judgment is reversed and the cause is remanded for a new trial.