Hansen v. Seattle Lumber Co.

• Decision Date: 21 April 1903
• Citation: 72 P. 457,31 Wash. 604
• Parties: HANSEN v. SEATTLE LUMBER CO.
• Court: Washington Supreme Court

72 P. 457

31 Wash. 604

HANSEN v. SEATTLE LUMBER CO.

Supreme Court of Washington

April 21, 1903

Appeal from Superior Court, King County; Geo. Meade Emory, Judge.

Action by Helge A. Hansen, a minor, by his guardian ad litem Nickolai Hansen, against the Seattle Lumber Company. Judgment for plaintiff, and defendant appeals. Reversed.

Preston, Carr & Gilman, for appellant.

James J. McCafferty and Tucker & Hyland, for respondent.

FULLERTON C.J.

This is an action for personal injuries. The jury returned a verdict for the respondent, who was plaintiff below, and this appeal is from the judgment entered thereon.

The appellant is engaged in the business of manufacturing shingles. On August 11, 1901, the respondent, who was then 16 years of age, applied to appellant for employment, and was put to work by appellant's foreman at moving shingle bolts from one part of the mill to another. Later he was put to work nailing zinc strips on bands used for binding bundles of shingles. After he had worked at this for a short time the foreman came to him, told him he had an easier job for him, and took him to a saw used for sawing the bands with which bundles of shingles are bound. This was a circular saw, about 12 inches in diameter set into a flat-topped table, so that the top of the table was on a level with, or a little above, the top of the shaft to which the saw was fastened, and which formed its axis. The saw was run by a belt from a pulley on the main shaft of the mill to a pulley on the shaft of the saw. It revolved towards the operator. On the right of the saw (looking from the operator's position), and distant therefrom the width of the bands, was a guide between 4 and 6 inches high, against which boards were pressed when being pushed against the saw. To facilitate the operation of sawing, and as a protection to the operator, the appellant had fixed on the table what is called a 'carriage.' It was a flat piece of board, made to run back and forth to the left of the saw from the operator's position, held in place by a tongue fastened to its under side, which ran in a groove cut in the top of the table. On the end of the carriage towards the operator was an endpiece of a proper height to furnish a rest for the ends of the boards when placed on the carriage for sawing. Still further back was the handle with which the carriage was operated. The pieces of board out of which the bands were made were cut to their proper length and thickness elsewhere, this saw being used to cut them or their proper width only. The manner of operating the saw was this: The operator would draw the carriage back a sufficient distance to allow a board to be placed between the saw and the endpiece of the carriage. He would then place a piece of board on the carriage, push it over against the guide, steady the piece with his left hand, take hold of the handle of the carriage with the other, and slide the carriage past the saw; cutting the board lengthwise to a proper width for a band. The carriage would then be drawn back, the board pushed over against the guide, and another piece cut off; the operation being repeated until the board was cut into bands. When the respondent and the appellant's foreman reached the saw, the foreman (so the boy testified) did not give him any oral instructions as to its method of operation, but started the saw without a word, picked up some boards and proceeded to saw them; cutting up some dozen pieces. He then motioned to the boy, indicating that he wished him to try it. The boy then took hold of the work, and proceeded to cut the bands in the manner in which he saw the foreman do it. The foreman stood by and watched him until he had sawed some half dozen boards, when he went away. After a short time he returned, and watched the boy operate the machine for a few moments longer; again leaving without saying anything. In less than an hour from that time the boy in some manner brought his hand in contact with the saw, seriously and permanently injuring it. The machine itself was standard, and the kind in use in...