Lepper v. Stetson & Post Lumber Co.

• Decision Date: 06 January 1911
• Citation: Lepper v. Stetson & Post Lumber Co., 112 P. 514, 61 Wash. 523 (Wash. 1911)
• Court: Washington Supreme Court
• Parties: LEPPER v. STETSON & POST LUMBER CO.

112 P. 514

61 Wash. 523

LEPPER v. STETSON & POST LUMBER CO.

Supreme Court of Washington

January 6, 1911

Department 1.Appeal from Superior Court, King County; John A Shackleford, Judge.

Action by Otto Lepper against the Stetson & Post Lumber Company.From a judgment for plaintiff, defendant appeals.Affirmed.

John P Hartman, for appellant.

Caldwell & Riddell, for respondent.

PARKER J.

This is an action to recover damages for personal injuries alleged to have resulted to the plaintiff from the negligence of the defendant in not having certain live rollers upon an edger machine in its sawmill properly guarded as required by the factory act.A trial before the court and a jury resulted in a verdict and judgment in favor of plaintiff, from which the defendant has appealed.

The contentions of learned counsel for appellant upon this appeal, involve little else than questions of fact.They arise upon the challenge to the sufficiency of the evidence made by appellant's motion for a nonsuit, by its motion for a directed verdict, and by its motion for judgment notwithstanding the verdict; all of which were denied by the trial court.The evidence is in conflict upon some of the material facts; but a careful review of it convinces us that there was competent evidence submitted to the jury warranting the conclusion that the following facts were established thereby:

The appellant operates a sawmill at Seattle.The respondent had been employed by appellant for some time prior to the time of his injury as an operator of an edger machine in the mill of appellant.He was then 28 years old, and was experienced in work of that nature.The machine was the one through which the lumber passed next after leaving the head saw, where it was first sawed from the logs into pieces called cants varying in thickness from one to six inches.These were then passed through the edger reducing the lumber to smaller dimensions.This was the work of respondent.There were several circular saws in the edger revolving upon a common shaft, attached thereto in such manner that they could be shifted by certain levers and adjusted at varying distances apart, as might be necessary to produce the varying dimensions of lumber required to be cut from the cants coming from the head saw.In front of the saws, a few inches from their edges, and running parallel with the shaft upon which they revolved, were the rollers, one above the other, which it is claimed by respondent were not properly guarded.These rollers were about six inches in diameter, about five feet long, and extended horizontally across the front of the edger about three feet above the floor.Respondent's working position was immediately in front of these rollers, and consisted principally in passing the cants through them to the saws, the lumber emerging on the other side of the edger reduced to the desired dimensions.It was also his duty to adjust the saws at proper distances apart, by means of levers extending from the shaft upon which the saws revolved, out under the rollers.The outer ends of these levers extended beyond the front of the edger and the rollers--some 12 inches--where respondent could readily grasp them.The saws required change of position as to their distance apart very often, because of the difference in the width of the cants coming from the head saw.These changes in the positions of the saws, became necessary, on an average upon the arrival of every other cant from the head saw.These levers rested by bearings upon a rod extending horizontally some six inches from their outer ends.It was necessary that the rod and these bearings he oiled about ten times each day.This was also respondent's duty.Almost immediately above this rod and these bearings there was the dial plate, with figures on it by which the saws could be adjusted at proper distances apart.This plate was parallel with and about four inches from the lower roller, and was about on a level with the lowest part of the lower roller.The lower roller was stationary, except that it revolved, while the upper one could be raised from the lower one as much as six inches.This was accomplished by a lever, worked by a rod running horizontally clear across the front of the edger, parallel with and a few inches higher than the top of the upper roller, and about ten inches out from it.The pulling of this rod away from the front of the edger raised the upper roller, while the pushing of the rod towards the edger let the upper roller down upon the lower one, or whatever object was between them, causing the object to be tightly grasped and drawn in upon the saws.There was nothing between respondent's working position and these rollers except the objects we have described.It was customary to keep the oil can on top of the edger directly over the rollers, the place being a little above respondent's head while standing at his working place.Respondent was injured by having his hand caught by the rollers and drawn in upon one of the saws.He was brushing the sawdust off the rod upon which the...