Davlin v. Henry Ford & Son

• Decision Date: 16 June 1927
• Docket Number: No. 4553.,4553.
• Parties: DAVLIN v. HENRY FORD & SON, Inc.
• Court: U.S. Court of Appeals — Sixth Circuit

20 F.2d 317 (1927)

DAVLIN v. HENRY FORD & SON, Inc.

No. 4553.

Circuit Court of Appeals, Sixth Circuit.

June 16, 1927.

George E. Brand, of Detroit, Mich. (Lanigan & Lanigan and William Van Dyke, all of Detroit, Mich., on the brief), for plaintiff in error.

Clifford B. Longley, of Detroit, Mich. (Lucking, Hanlon, Lucking & Van Auken, of Detroit, Mich., on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and KILLITS, District Judge.

KILLITS, District Judge.

In December, 1918, the decedent, Joseph V. Davlin, whose executrix is plaintiff in error herein, purchased a tractor manufactured by defendant in error. During the ensuing three months Mr. Davlin used the machine for various purposes on his farm. Early in April, 1919, while using it to draw a double-disc harrow up an inclined farm roadway, located on the side of a hill with a sharp descent to the left, he suffered the injury because of which this action was instituted. Several hours thereafter he was found by his sister lying somewhat on his right side, with the right drivewheel of the tractor, which was equipped with large traction lugs, pressing against the lower part of his back; the lugs holding him down. One foot was caught between the housing of the tractor mechanism and the tongue of the disc harrow. When the tongue was lifted, the foot fell down. The right discs were against his trunk, with his head and shoulders free. Back and to the right of Mr. Davlin, and about three feet from the right rear wheel, and about a foot from his head, lay the seat, with its spring support still attached. The tongue of the disc harrow was somewhat short — a stub of wood (4"×4"), with a metal end coupler. It was regularly attached to the tractor by a clevis which was then disengaged and lying on the ground. The tongue was thrust upward against the tractor, the engine of which was not running; but the transmission was in reverse. The left front wheel of the tractor was off the grade at the top of the sharp descent referred to. The left discs and left rear wheel of the tractor were in contact, Mr. Davlin's body intervening between the discs on the right and the right rear wheel.

The seat was supported by a flat, stiff spring, curved to the shape of a flattened letter S, and about 17 inches long between its engagements with the seat and the machine, respectively. It was provided that this spring should be fastened under the tool box to the transmission housing by a ¾-inch cap screw with a lock washer. The hole in the spring which engaged this screw had been made by punching downward, leaving a manifest burr on the under side, and was slightly larger than the screw, giving occasion to some slight play at this point. The construction plan of the tractor involved a perfectly flat end to the spring for about 5 inches, with the cap screw hole in the middle of the flattened surface, so that stability there would be assisted by the friction of the spring upon the flat housing when the screw was tight. However, the spring which was in evidence showed a slight curvature upward longitudinally on each side of the screw hole, and the burr around it, on the under side, as was manifest from an examination of the exhibit, had sustained a wearing or a smoothing because of friction with the housing, engendered by use. As the tractor and disc harrow were coupled together on this occasion, the tongue of the latter was directly under the seat and spring.

The bolt or cap screw, which was also in evidence, had broken in two at the point approximately where it left the screw hole in the spring to enter the housing; but it is difficult to determine whether the fracture was the result of shearing or of twisting, although it is apparent that the diameter of the screw, at the point of fracture, had become diminished by wear. The tool box, which was of metal, was so close to the housing that, when the lower end of the seat spring was placed between the two, one could use the seat, at least in driving over a smooth surface for a short distance, without fastening the spring to the housing with the cap screw.

More than a year after the accident, but at the scene, the upper part of the cap screw and the lock washer were found, after the washings of rivulets had been raked over and examined. Mr. Davlin was a large man, weighing approximately 225 pounds. The mechanics of the situation, considering that 17 inches was the distance from the fastening of the spring to the housing, thence to its engagement with the seat, involved a strain upon the cap screw, because of the accommodation in the seat of a man of Mr. Davlin's weight, of approximately 3,600 pounds, the ratio being 17 to 1. This strain was anticipated in the designing and construction of the machine; the testimony disclosing, without dispute, that defendant planned, in its construction, the employment of a reasonably sufficient factor of safety at this point.

Other testimony exists, respecting scratches and appearances upon the seat spring and housing, which needs no recital here. Mr. Davlin was conscious when found, but unable to extricate himself. Death ensued in four days. Three explanations by Mr. Davlin of the accident are in evidence. To his brother, who had been called, and who released him only by jacking up the right rear...