Maupin v. Miller
| Decision Date | 03 June 1912 |
| Citation | 148 S.W. 141,164 Mo.App. 149 |
| Parties | JOHN P. MAUPIN, Respondent, v. F. P. MILLER, Appellant |
| Court | Kansas Court of Appeals |
Appeal from Boone Circuit Court.--Hon. N. D. Thurmond, Judge.
REVERSED.
Judgment reversed.
E. W Hinton for appellant.
(1) The plaintiff cannot complain of any failure to warn or instruct him as to the danger of injury from contact with the revolving cutter-head of the machine, because the danger was obvious and he was fully aware of it. Nugent v. Mill Co., 131 Mo. 241; Smith v. Box Co., 193 Mo 715; Hirsch v. Bread Co., 150 Mo.App. 162; Stegman v. Gerber, 146 Mo.App. 104; Blair v Heibel, 103 Mo.App. 621; Herbert v. Shoe Co., 90 Mo.App. 315. (2) The plaintiff was guilty of contributory negligence as a matter of law in deliberately putting his hand in the four or five inch space between the pressure bar and revolving cutterhead, where the slightest inadvertent movement would bring it in contact with the knives. Smith v. Box Co., 193 Mo. 715; Doerr v. Brewing Co., 176 Mo. 556; George v. Mfg. Co., 159 Mo. 333; Pohlman v. Car Co., 123 Mo.App. 219; Stegman v. Gerber, 146 Mo.App. 104; Gardner v. Lumber Co., 101 N.W. 700.
W. H. Rothwell and McBaine & Clark for respondent.
(1) Plaintiff's injury was caused by the failure of defendant to instruct him how to operate a dangerous machine, plaintiff being an ignorant employee, all of which was well known to defendant. 1 Labatt on Master & Servant, ch. 16; Schlavick v. Shoe Co., 157 Mo.App. 83; Czernicke v. Ehrlick, 212 Mo. 386; Dowling v. Allen, 102 Mo. 213; Deeds v. Railroad, 157 Mo.App. 463; Lemser v. Mfg. Co., 70 Mo.App. 209; Werner v. Railroad, 137 Mo.App. 1; Winkstrom v. Mill Co. (Wash.), 93 P. 213; Lane v. Atlantic Works, 111 Mass. 136; Marble v. Wooster, 4 Gray (Mass.) 395; Lore v. Mfg. Co., 160 Mo. 608; Jewel v. Mfg. Co., 143 Mo.App. 200; Mather v. Rillston, 156 U.S. 391. Plaintiff was not guilty of contributory negligence. Trent v. Pub. Co., 141 Mo.App. 437; Bradford v. Railroad, 136 Mo.App. 705.
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 fifty 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:
Several days after this he was directed to run some window casings through the machine. He had fed in perhaps forty pieces, when the last one, after passing through the rollers, stopped. The foreman was in sight and within four to six feet of him, but without speaking to the foreman, he went around to the side of the machine and put his hand into the space between the revolving knives and the pressure bar, with a view of shoving or starting the planks along, and thus got cut with the knives. He said that he tried to reach over the knives.
The negligence charged against the defendant and relied upon for recovery, is that he failed to instruct and warn plaintiff against the danger in the machine. The duty to warn and instruct inexperienced persons against unknown dangers, is a fundamental rule of law. But the rule has no room for operation or application under the evidence in this case. Plaintiff knew the danger from the revolving knives by having worked with them and having observed them. He was a grown-up man and did not need to be told that revolving knives would cut him, any more than that fire would burn him. The thing he did was not such a thing as a warning of danger would have prevented. He would have done as he did, if he had been told that sticking...
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