130 Iowa 263 | Iowa | 1905
The defendant operated an oat meal mill at Ft. Dodge, and the plaintiff, a boy of 19 years, had his hand caught in one of its machines in September, 1902, and so injured that amputation was necessary. Prior to his employment by defendant he had had no experience with machinery other than that used on the farm. From November, 1901, until the last of the following May, except one month, he worked for defendant as a roustabout; that is, helping load and unload cars, scooping coal, filling and trucking sacks, moving machinery, and the like. Beginning in July, 1902, he acted as doorkeeper on the first floor for six weeks; then for a month carried water for the men on all the six floors; after that swept floors and cleaned separators or sieves on the upper three floors for a short time. Lie was then transferred to the second and third floors, where,. for a couple of days, his work was about the same, and he was then shown by the superintendent how to oil a heated box over a journal to one of the rolling machines. The superintendent also instructed him to “ unchoke ” the feeder to this machine when it clogged up with groats (oats with hulls off). This machine need not be described farther than to say that it contained seven sets of rolls, each about ten inches in diameter, and that the machinery was housed
The superintendent illustrated to plaintiff by moving a stick or piece of iron over or between the roflers, and according to plaintiff, said: “ 1 This chokes up down here. You want to unchoke it. The dough balls accumulate, and you want to let the grain pass there. You want to mash them, and use a stick, and not your hand.’ He made a movement while he was saying this. He just did that way with his hand with the stick in it — just into the door when he opened it that way. He moved his hand that way up and down. After he told me that, he closed the shutter and walked away.”
The superintendent testified: “ I told him that sometimes the dust would gather a little bit in between the rollsj and it would retard the flow of groats, and showed him how to remove the dust, and also told him to be very careful not to get his hand in there, and took a piece of sheet iron and showed him just exactly how to run the sheet iron along horizontally between the rolls so there would be no danger of getting his hand in, but told him to keep his hand out of there, because if he did get it in between the rolls it would take it off. The shutter was open at the machine when I gave Wilder instructions. We don’t keep it shut when we run groats. The implement we had at the time I instructed Wilder was a sheet iron. Sometimes we used a hoop iron. I used to use a prepared hoop iron similar to this, so he could take it and run it right in between the rolls. I furnished Mr. Wilder an implement of that kind — a strip of tin or sheet iron.”
The plaintiff undoubtedly knew there were rolls within the wooden casing or housing, and as he had oiled a hot box over the shaft, about three inches in diameter, of one of these rolls, he must have learned that there was machinery inside and in motion. A wheel about a foot in diameter and some eight inches wide, on which the belt from the line shaft ran, was attached to the shaft. At the other end
The charge of negligence in failing to properly instruct of necessity has relation to the particular work to be done. Some duties about the machine doubtless might have been performed without warning, and a skilled machinist might have ascertained the perils of the task exacted of plaintiff without instruction. But he had had no previous experience, as the superintendent well knew. To accomplish what was required, he must insert his hand within the opening. What was inside, save the groats, might not have been seen, and, even though he knew of the location of the shaft and wheels on the outside, what was on the inside^ and its location, was a matter of conjecture and, in view of his youth and inexperience, we think the jury might well have found that the defendant owed him the duty of warning him of the dangers attending the doing of the work. Especially is this true with respect to the use of a stick instead of a piece of iron, for an inexperienced person would not be likely to appreciate the peculiar danger involved in the use of a piece of wood a trifle thicker than the distance between the rolls. Because of the natural effort to retain the stick, upon being caught between the rolls, the hand might be drawn in. We think the facts of the case, if as disclosed by plaintiff’s evidence, were such as to bring it within the well-
The duty is on the employer to furnish his employés reasonably safe appliances with which to do the work assigned to them. It is also his duty to know what appliances are suitable and in common use for the purpose. The employe has a right to assume that his employer will intel*271 ligently and faithfully discharge these duties. If the work in which he engages is new to him, he should be instructed in it; and, if he is not acquainted with the latent dangers incident to it, they should be explained to him that he may, so far as is consistent with the proper performance of it, avoid them. In such case he is not presumed to know whether his employer has furnished appliances which are reasonably safe and in ordinary use, and he is not charged with an assumption of the risks involved in the failure to provide them.