Leistritz v. American Zylonite Co.

• Decision Date: 15 September 1891
• Parties: LEISTRITZ v. AMERICAN ZYLONITE CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

154 Mass. 382

28 N.E. 294

LEISTRITZ v. AMERICAN ZYLONITE CO.

Supreme Judicial Court of Massachusetts, Berkshire.

September 15, 1891

At the trial, Gustave Leistritz, the plaintiff testified in substance as follows: "I began to work for defendant in October, 1889, when I was 18 years of age. I was hired to work at the crusher. The crusher softens up hard stock. Takes two to run the crusher; one puts in stock at the top, and the other takes it away at the tail end. My work was to take away stock at the tail end. I worked on crusher till January following. Then I was put in the shipping room. I was there two months. Then I came back to the crusher again, and worked there till the morning I was hurt. On June 30th Jim Kelly started the crusher with me at 7 A.M. We worked at it till 8 or 9 A.M. Then Rolf, the second boss, came, and told Kelly to tell me that Kelly and I were to go to work at the cutting-machine. I heard Rolf say this. We did so. I tended the box where the stock came out. Kelly fed the machine. Feeding was the dangerous part. We cut up long strips at first. The table to the machine was up to my hip, and 10 to 12 feet long, 3 to 4 feet wide. Table was up against the partition. The machine did not feed; was driven by belt from below." The plaintiff further testified: "I went to the box at the end of the machine where the cut material was caught in the box. I was picking out long pieces from the box, and throwing them back on the table, to be cut over again. The rope used to stop the machine was hung on a peg off a ways on the partition. The man feeding could not reach it. He would have to go around the box end of the machine to reach rope. I worked on the machine with Kelly till 10 or 10:30 A.M.,--an hour or so. I took away from tail end, and did not do anything else. We worked up all the stock. Then I sat down near the crusher, about 20 feet away. We got no further orders then. Kelly went into another room. Frilley another workman, and I then started to cut a batch without orders. I picked out from the box and Frilley fed. We cut that batch. Then I didn't want to cut any more. I went over to the crusher. Then Rolf said, 'Gus, you and Frilley go and cut up stock.' Frilley went to the other side, so I went to running it through; and he picked out and I fed. We were cutting strips into small pieces. I had sometimes worked on the machine cutting long pieces. I was pushing in little pieces while standing face to the machine with the balance wheel at my left. I was looking right at the rollers. The rollers caught the tips of my fingers and drew in my hand. I was looking at my work when my fingers got caught. No one ever told me how to run the machine. Had seen lots run it, but did not go to examine it. I did not understand how to run it with safety. No one ever cautioned me about running it, nor told me how dangerous it was. Would have to get down close to see the rollers. Standing further back, could see them move plainly. The bottom roller was 3 inches, and the top one 4 or 5 inches, in diameter. After I was hurt I was taken to the boss' office. Pierce, the boss, was with me. Pierce asked me how it happened, and I told him." The plaintiff then asked witness what Pierce said, proposing to show that Pierce said, "It was just like Rolf to set you at work at a dangerous machine you didn't know anything about." This was objected to, and the court excluded the question, and the plaintiff excepted. Upon cross-examination, the plaintiff testified, in substance, as follows: "There are two cutting machines in the mill. They are similar, but not of the same size. I had helped operate both, and had worked at both ends of the smaller machine. I never helped clean the cutting machine. I saw Jim Kelly clean it once. Rolf told me and Jim Kelly to go and run the cutting-machine. Rolf said 'Jimmie and Gus, go and run the cutting-machine.' I never before worked at feeding this machine. Kelly, Carroll and Hyser would stop me from working at feeding. Kelly had shown me how to start and stop the machine. I first discovered there were two knives when I saw them cleaning the machine. I could see the machine from the crusher, 20 feet away. I would sit at crusher all day and watch this machine when nothing else to do. I did not want a job at it. I looked, so if I'd have a job I'd know how to run it. The usual way is to put little pieces back in again. Think I saw a butcher-knife. It was sometimes used to cut small pieces. I never cut with it. I never used the butcher-knife that I remember. One would have to step back about one step to see rollers. I knew they were there. I had seen them draw in stock. I knew the machine would draw my fingers in, but I thought I could draw them out. I thought if rollers caught my fingers I could pull them out. I did not put them in on purpose. My right hand was near rollers. Before I worked for the defendants I worked 6 years in cotton-mill on a quiller." On re-examination, plaintiff further testified: "No one ever set me cutting with butcher-knife. I was tending to my business when I got hurt. No knives to a quiller in cotton-mill." James Kelly testified, in substance, as follows: "In June, 1890, worked in rolling-mill. I knew plaintiff. I worked in the same room with him. I was in the room when he got hurt. On June 30th plaintiff and I started the crusher. ...