159 Iowa 736 | Iowa | 1913
The defendant operates a basket factory, and in June, 1911, employed plaintiff, then eighteen years of age past, to work at what seems to have been called the “gang saw table.” This table was about four feet wide, and a little longer than wide. The frame was of iron and about two and one-half feet- high, with a top which was adjustable, being raised or lowered by a crank, so as to adjust the saws to boards of different thickness. There was a slit near the center of the table lengthwise about fifteen inches from the south side, through which three saws attached to a shaft below revolved. These saws were fourteen inches in diameter, and
Would start a board in at the feeder’s side, and it would run against a straight edge and the saws would saw off three pieces, and I would receive the boards from the saw. The feeder would be handling three pieces of boards at the same time; I mean following each other. These being short pieces he would start them in, and the rollers or feeders would carry them through to my side, I would*739 get the strips and put them on the truck, and throw the board back. Would take the strips with the left hand and the board in the right hand. ... At the time I was hurt we were sawing boards which had all been sawed to about two inches wide and about three inches thick, and about two feet long. They were making about three or four little slats out of one piece; they were coming right through one after the other, and as they came through I received them and put them on the buck. While I was doing this work I heard a buzzing. I reached down and pulled it out. I was standing facing the table at this end (referring to the trial table), and I reached down like that (indicating) to get hold of it, and started to get hold of it, and got it loosened up a little bit, and it jerked my right hand up into the saw. There was nothing below there to interfere with reaching under the saw from-the side; nothing but the slanting board on the end and some sawdust in there. The stick was wedged in next to the level between that and the saw. I had to reach under the two saws. It came down below the saws about six. inches. (The stick that was clogging the saw that I heard buzzing.) It was leaning a little toward me. I stooped down and reached under the table, and got hold of the stick about six inches below the edge of the saw, and then it all happened just in a second. I started to pull the stick down, and it just took my hand right up into the saw. Never pulled a stick out of the saws before, but I have seen others do it. I couldn’t state his name. I was a stranger there. Fneske was the only one that worked about the saws while I was there. I have seen him pull these sticks out of the saws at other times; I can’t say how many times. I couldn’t very well describe the stick I started to pull out. I know it was about six inches below the saws. I believe it was a circular piece. . . . When I reached in there to get hold of the stick, Mr. Fheske was at the other end of the table. He said nothing to me,- and I saw him do nothing. I didn’t see him attempt to shut off the power. It wasn’t stopped after I was struck to my knowledge. I went to the hospital, and was operated on by Dr. Lundy. The doctor cut off the two middle fingers.
The witness further testified that Fneske adjusted the table, and fed the boards in alongside of the guide on the north side, which was a piece of iron or steel, smooth and straight so as to maintain a straight edge upon the wood.*740 The saws were adjustable and Fneske adjusted them; in doing so, he would have to remove the blades, and in doing this would take a piece out of the table. There was a cross-section of the top of the table fixed so it could be taken out to adjust the saws. ... At the right hand of Fneske as he was feeding the machine was the belt shifter and lever, coming down from the countershaft from which he started and stopped the saw. . . . John Fneske did all the work about the saw except the taking of the boards away as was heretofore explained which was done by me.
On-cross-examination the witness testified further that, when he heard “whirring noise or buzz of some kind,” he looked and saw the sliver next to the guide, and stepped around the comer of the table, “looked under the frame, looked clear under there, and saw the saws revolving and reached my left hand under the saws to get hold of the stick; had a cotton glove on. I got my hand down far enough so I could see clear under the frame, and see the saws and the end of the stick, and reached my hand right under these revolving saws, and got hold of the end of the stick; it jerked my hand up in there. This was the first time I ever did that.” As the lumber was green the sawdust was usually wet, and he had pushed it through a hole with a ten-foot pole, and also had frequently done so with his hand. The plaintiff had had no previous experience in the operation of a saw, and had been in the employment, of the defendant but three months. He appears to have been of average intelligence. The superintendent in employing him told him that Fneske'would feed the boards through the machine, and that he should take the strips as they came through the saws, and put them on a truck, and hand the pieces unsawed back to Fneske, so he could put them through again. He gave him no instructions as to anything save that he should stand in front of the machine, and receive the slats and boards.
Such is the evidence in so far as material to the determination of the questions presented. The grounds of negligence alleged in the petition were: (1) That defendant
The annexed photograph indicates better than words the covering afforded:
¥e reach the conclusion on these grounds that the court rightly directed the jury to return a verdict for the defendant. — Affirmed.