Maupin v. Miller

• Decision Date: 03 June 1912
• Citation: 164 Mo. App. 149,148 S.W. 141
• Parties: MAUPIN v. MILLER.
• Court: Missouri Court of Appeals

148 S.W. 141

164 Mo. App. 149

MAUPIN v. MILLER.

Kansas City Court of Appeals. Missouri.

June 3, 1912.

1. MASTER AND SERVANT (§ 153)—OBLIGATION OF MASTER—WARNING AND INSTRUCTING SERVANTS.

A master must warn an inexperienced servant against unknown dangers.

2. MASTER AND SERVANT (§ 154)—OBLIGATION OF MASTER—WARNING AND INSTRUCTING SERVANTS.

Where an adult operator of a planing mill, injured by putting his hand into the space between the revolving knives and a pressure bar to shove planks through the machine, knew of the danger from having worked on the machine and having observed the knives, and knew what the knives would do if he put his hand about them, he could not recover on the theory of the master's negligent failure to warn him of the danger, and the mere fact that he was blind in one eye merely required him to exercise greater care for his own safety.

Appeal from Circuit Court, Boone County; N. D. Thurmond, Judge.

Action by John P. Maupin against F. P. Miller. From a judgment for plaintiff, defendant appeals. Reversed.

E. W. Hinton, of Columbia, for appellant. W. H. Rothwell, of Moberly, and McBaine & Clark, of Columbia, for respondent.

ELLISON, J.

Plaintiff's action is for damages on account of personal injury received while at work in planing some lumber for defendant in one of his machines. Defendant's demurrer to the evidence was refused by the trial court, and plaintiff recovered judgment.

Defendant was the owner of a planing mill, wherein he operated a planing machine, consisting of an iron table, on which were two feed rollers. Just beyond the rollers were revolving knives, but between was a guard, which prevented chips from flying back to the operator, and on the other side of the knives there was a space of more than four inches, between the knives and what was called the "pressure bar." Standing in front of the machine, the workman or operator places the lumber to be planed in contact with the feed rollers, which carry it forward under the knives. When a plank has been carried through the rollers, it stops, and is pushed on through by one following; or, if no other, by a scrap of lumber fed to the rollers; or, it may be, pulled on out from the rear by hand.

Plaintiff was a carpenter, about 50 years of age, but without much experience with a machine of this kind. He had been working in the mill as a janitor and helper for three weeks before his injury. He had worked a little on some of the other machines. Several days before he was hurt, the foreman directed him to plane some lumber, and showed him where to start it into the feed rollers. He did this work, and observed the operation of the machine in the rollers carrying the plank to the revolving knives or cutter head, which planed it as it went through. He testified: "Q. You saw that was the way it worked when you first worked on it? A. Yes, sir. Q. That the two rollers would shove the plank against the knife, and the knife was whizzing around there very fast, wasn't it? A. Yes, sir. Q. And it was cutting the plank as the plank passed under it? A. Yes, sir."

Several days after this he was directed...