Ohio Handle & Mfg. Co. v. Jones
Decision Date | 20 February 1911 |
Citation | 135 S.W. 455 |
Parties | OHIO HANDLE & MFG. CO. v. JONES. |
Court | Arkansas Supreme Court |
Appeal from Circuit Court, Craighead County; Frank Smith, Judge.
Action by Della Jones, administratrix of George. E. Jones, deceased, against the Ohio Handle & Manufacturing Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
J. F. Gautney, for appellant. D. C. Joslin, E. L. Westbrook, and E. H. Mathes, for appellee.
Appellant prosecutes this appeal from a judgment for damages rendered against it in favor of appellee. The undisputed evidence shows that on March 10, 1909, Geo. E. Jones was employed by appellant as sawyer at its mill and was killed while in the performance of his duties as such sawyer. The man who carried off the slabs or flitches as they were sawed was named Barnett. We quote from appellant's abstract as follows:
Barnett testified: On direct examination, witness testified as follows:
The slab when it was sawed off the log fell on the saw carriage instead of on the table. When the saw carriage was reversed, the slab was drawn against the rapidly revolving saw, and was thus hurled against Jones. Usually the slab or the flitch falls on the table when it is sawed off the log, and is carried away by the off-bearer. It is usual when a slab falls on the table, and one end will rest against the saw, for it to remain there until it is pushed back by the next slab that comes through the saw. Counsel for appellant claim that the death of Jones was purely accidental, and that appellee is not entitled to recover. We cannot agree with his contention. The testimony shows that the off-bearer could carry away the pieces of lumber as fast as they were sawed, and that it was his business to take them away whenever the saw turned them loose. Just about the time Jones was struck, the attention of the off-bearer was distracted by the ripsawer calling to him and he had turned his head away to answer him. There is a guard which hangs over the circular saw, made of a piece of plank six or eight inches wide. It is right up, over the saw, and is tipped with a piece of gum belting nailed on the lower end, to keep the sawdust from flying back.
Barnett further testified that nine times out of ten the slabs will fall on the table instead of the carriage; that the sawyer stands facing the table looking at his work, and that there was nothing to hinder Jones from seeing that the slab fell on the carriage instead of the table. Other evidence for appellant showed that it was the duty of the sawyer to see that his carriage is free from slabs when he reverses it; otherwise the chances are that some one will get killed by the slab striking the revolving saw. One witness testified that Jones was not looking at his carriage when he reversed it. Another said that there was a blower system in operation which carried away all the dust. On the other hand, an experienced sawyer, who has worked at appellant's sawmill, says there is some dust flying all the time; that the operation of the saw and the...
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