Hicks v. Claremont Paper Co.

• Citation: 65 A. 1075,74 N.H. 154
• Parties: HICKS v. CLAREMONT PAPER CO.
• Decision Date: 05 February 1907
• Court: Supreme Court of New Hampshire

65 A. 1075

74 N.H. 154

HICKS

v. CLAREMONT PAPER CO.

Supreme Court of New Hampshire. Sullivan.

Feb. 5, 1907.

Exceptions from Superior Court, Sullivan County.

Action for personal injuries by Ryland E. Hicks against the Claremont Paper Company. There was a verdict for plaintiff, and the cause was transferred from the superior court on defendant's exception to the denial of a motion for a nonsuit. Exceptions sustained, and verdict set aside.

The testimony tended to prove the following facts: February 20, 1905, the plaintiff was employed by the defendants as third hand for one of the paper machines in a room of their paper mill, and continued in the employment until his injury on April 30, 1905, working during the daytime and the nighttime of alternate weeks. He was about 27 years old, of average intelligence, and had never worked in a paper mill before. The hands for each machine were a machine tender, a back tender, and a third hand. A foreman for the room had oversight of the business and control of the employés. The duties of the third hand were to pick up broken paper sweep the floors, wash the screens, assist in removing paper from the back end of the machine, do up the paper for shipment, and carry it to another room. The paper machine to which the plaintiff was assigned was 60 to 70 feet long, and comprised several parts, among which were 3 sets of press rolls, each set consisting of the following rolls supported in horizontal positions in a suitable frame: A wooden roll about 8 inches in diameter, located at the front end of the frame about 3 feet above the floor of the room; another wooden roll of the same diameter, located about 3 feet back of the first one and at a slightly higher elevation; a wooden roll of greater diameter in the middle than at the ends, called the spread roll, located directly in front of the second roll; two rolls about 18 inches in diameter, known as press rolls, located 12 to 15 inches back of the second wooden roll, placed one above the other, and running so near together as to pinch the felt belt and paper passing between them, the upper roll being made of brass and the lower one of rubber or some material covered with rubber; and several other rolls, some located further back than the press rolls, and some further forward but in a lower plane. An endless felt belt passes from the first wooden roll, over the spread roll and the second wooden roll, to and between the press rolls, and thence over the other rolls back to the first wooden roll. When the machine is running this belt is taut, and receives the paper from a preceding part of the machine, and carries it forward between the press rolls to the next succeeding part. The press rolls revolve inwardly toward the front of the machine and press the paper as it passes between them. It is necessary to wash and turn the felt belt from time to time. Preparatory to so doing, the spread roll is taken out, the tension of the belt is further loosened by an adjustment of a portion of the machine designed for the purpose, and the speed of the belt is reduced. An employé standing at the front side of the machine, opposite the space between the two wooden rolls, and another standing on the other side, simultaneously push the edges of the belt toward its median line, thereby bunching or "roping" it up. When this is accomplished water is poured on the belt for about 10 minutes. Then the employé at the front of the machine grasps from the upper side the edge of the belt farthest from him and pulls toward himself, while the other employé, putting his hands under the belt and grasping the other edge, pulls toward himself. As the belt passes around in its course it is turned by several pulls made in that way. The operation, from beginning to end, occupies from 25 to 30 minutes. Shortly after 11 o'clock in the evening of Saturday, April 30th, the foreman called the plaintiff to assist him in roping, washing, and turning the belt of the first set of press rolls. The machine was short one hand at the time, and the crew were hurrying to finish work before midnight The plaintiff had never assisted at that kind of work previously, excepting on one occasion, when he operated the lever to reduce the speed of the machine so that the belt could be turned over,...