Dossett v. St. Paul & Tacoma Lumber Co.

• Decision Date: 28 September 1905
• Citation: 82 P. 273,40 Wash. 276
• Court: Washington Supreme Court
• Parties: DOSSETT v. ST. PAUL & TACOMA LUMBER CO.

82 P. 273

40 Wash. 276

DOSSETT v. ST. PAUL & TACOMA LUMBER CO.

Supreme Court of Washington

September 28, 1905

Appeal from Superior Court, Pierce County; W. O. Chapman, Judge.

Action by Isaac A. Dossett against the St. Paul & Tacoma Lumber Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Reynolds & Griggs and Stiles & Doolittle, for appellant.

Ellis & Fletcher, for respondent.

MOUNT, C.J.

Respondent brought this action against the appellant to recover for personal injuries. The cause was tried to the court and a jury, which returned a verdict in favor of the plaintiff for $7,500. The defendant appeals from a judgment on the verdict.

At the trial there was very little dispute upon the facts in the case, which are substantially as follows: The appellant owns and operates a lumber manufacturing plant in Tacoma, at which plant a large number of men are employed. These men were divided into gangs of men at the several departments of the work. Moses La Faw was foreman of the mill, and hired and discharged all employés. There was a superintendent over Mr. La Faw. At what is called the head of the mill were two large band saws, where the logs from the millpond were received, and from which the lumber as cut passed through various operations in the mill until it was finally carried out into the yards. Each of the gangs of men had one principal man, who had charge of the men in the gang, and who gave working directions when necessary. Usually each man knew his duties after his first instructions, and performed them without special direction. At what was called the 'short side' of the sawmill James McAnally had charge of a gang of five men, whose duties were to operate one of the saws and cut logs into lumber. Mr. McAnally was the 'head sawyer,' known as such by reason of the fact that the logs first came to his saw. His duties were to operate the saw and machinery necessary to pass the logs into the saw and also to direct the men working with him. These men were under his direction and control, and bound to obey his orders. They were hired and discharged upon his request by the foreman, Mr. La Faw. The respondent, Dossett, was one of the gang of men under Mr. McAnally, and was known as the 'log deck man.' The log deck was about 18 feet wide and about 50 feet long, north and south. On the east side of the log deck were the rolls upon which logs came up into the mill from the millpond. The saw carriage was to the west of the log deck, which was slightly inclined from the rolls on the east to the saw carriage on the west. This saw carriage was operated back and forth, northerly and southerly, at the will of the sawyer. On the saw carriage were two, and sometimes three, men, who stood behind the log and set iron dogs into the log, so as to hold it steady on the carriage, and so as to change its position from time to time as required. The sawyer operated the saw carriage by means of a lever at the northwest corner of the log deck close to the saw. Immediately over the saw carriage were two friction rollers, one of which was operated by an overhead lever just behind the sawyer at the north end of the log deck, and the other roller was operated by a similar lever at the south end of the log deck, which lever was operated by one of the carriage men. The sawyer's pit was a little lower than the log deck and near the saw. In the floor of the log deck were three large slots about two feet wide extending at right angles from the saw carriage into the log deck. The first and third of these slots were about 6 feet long. The second was about 10 feet long. The first of these slots was about 10 feet south from the sawyer, the second about 16 feet, and the third about 23 feet south. In the first and third of these slots were what were called 'push arms,' which were iron castings which worked on a hinge, and when not in use rested in the slots. These push arms were used for the purpose of pushing logs onto the carriage. The middle slot, which was the largest, having a length of about 10 feet, was occupied by what was called the 'nigger,' or Simonson log roller. The body of the nigger was about the same shape as the push arms, but it had a large hinged hook on the top end of it, which hook could be used to pull a log from the carriage, while the push arms and the nigger itself were used to push or strike logs into position. When not in use, this hook folded down into the face of the nigger. When the nigger was not in use, it rested in the slot in the log deck, the same as the push arms. These push arms and nigger were operated solely by the sawyer by means of a single lever held in his left hand at his station in the saw pit. The movements of this lever were so arranged that the sawyer could either throw up the push arms and the nigger together, or throw up the push arms alone, or throw up the push arms and nigger and extend the hook forward over a log all at the same time. The nigger however, could only be raised part of the way up, unless the push arms were already up or were raised with it. The push arms and nigger constituted a very powerful machine, by means of which the largest logs could be handled with the greatest ease; the motive power being steam, and the nigger having an independent piston capable of driving it against a log with great force. These push arms and nigger were used for placing logs on the saw carriage after the logs were placed within reach of them. The nigger was used only when the push arms were insufficient. Across the floor of the log deck, and at right angles to the saw carriage, were skids of iron about 4 inches high and a few feet apart for logs to roll upon. One of these skids was about 2 feet from the nigger slot towards the sawyer's pit, and parallel with it. It was Mr Dossett's duty to roll logs from the log deck onto the saw carriage, or within reach of the push arms. When the time came for a log to be placed upon the saw carriage, Mr. Dossett was required to wrap a chain around the log on the log deck, fasten one end of the chain on which was a swamp hook, into the log, and hook the link on the other end of the chain into a chain on the overhead friction roller. Then, by means of the lever near the sawyer, he rolled the log down to the saw carriage or within reach of the push arms. Sometimes logs were placed on the saw carriage without the use of the push arms. When the chain on the log was no longer needed to place the log on the carriage, it was Dossett's duty to remove the chain from the log as speedily as possible and make ready for another log when needed. He had been working around the mill for about four years, but had been filling the position of log deck man about three weeks only at the time of his injury. He had been requested by the sawyer to be more prompt in getting his chain off the logs. At the time of the accident a log about 36 feet long and about 4 feet in diameter was being rolled down by respondent from the log deck onto the saw carriage by means of the friction roller, operated by the lever behind the sawyer. This log was larger at one end than at the other, and did not come squarely onto the carriage. Mr. McAnally thereupon directed respondent to stop the use of that roller, and to change the position of the chain, and to attach it to the other roller. At the same time Mr. McAnally directed Mr. Giese, one of the doggers, to go to the friction roll at the south end of the log deck and operate that lever, so as to roll the log down. By this rear lever the log was rolled further down, but would not go upon the carriage as required. Mr. McAnally thereupon brought up the push arms to drive the long into position. Respondent then went up to the log for the purpose of removing the chain. He was standing with his back toward the sawyer and by the...