Relyea v. Tomahawk Pulp & Paper Co.

• Decision Date: 30 April 1901
• Citation: 110 Wis. 307,85 N.W. 960
• Court: Wisconsin Supreme Court
• Parties: RELYEA v. TOMAHAWK PULP & PAPER CO.

110 Wis. 307

85 N.W. 960

RELYEA

v.TOMAHAWK PULP & PAPER CO.

Supreme Court of Wisconsin.

April 30, 1901.

Appeal from circuit court, Lincoln county; Charles M. Webb, Judge.

Action by Charles Relyea against the Tomahawk Pulp & Paper Company. Judgment for defendant. Plaintiff appeals. Affirmed.

An action for personal injuries received by the plaintiff while engaged as back tender in the paper mill of the defendant, on June 28, 1896. Plaintiff was substantially 20 years of age, had been employed in factories from the time he was 15, and in paper mills most of the time for three years prior to his injury, in and about work similar to that he was required to do for the defendant. He had been employed in the same capacity in defendant's mill, and about the same machine, for two months and a half, at the time of his injury. That machinery consisted of, first, what is known as the “press machine,” consisting of rolls whereby the water is pressed out of the pulp, and it reduced to such consistency as to enable it to be carried along as a sheet of paper. Thereupon it passed from the upper part of the press machine across a space of about 3 feet, to the drying machine, which consisted of a series of large steel rolls, heated, around which, in succession, it was to pass to be dried. These rolls, in number 14, some 3 feet in diameter and 5 feet in length, were arranged successively in a longitudinal iron frame, which rose about 18 inches from the floor, and at each roll was surmounted by a structure to support the journal of the roller. The top of this frame was flat iron, 5 or 6 inches in width, and apparently might be used by the employés to step up onto or stand upon if necessary. This longitudinal frame was interrupted between the press machine and the dryer, there being a space of about two feet and a half, where it was cut away to enable easy access for a man between the last press roll and the first dryer roll to carry the paper sheet across whenever necessary, and to engage it with the sheet of felt which carried it along under the front side of the first dryer roll. In this process it was customary for one man to stand in the space between the press machine and the first dryer roll, and for another man, usually the plaintiff, to stand upon a board which spanned this breach in the iron frame. That board was fastened to the frame at the dryer side of this opening by a securely fastened bolt, on which it moved as a pivot, being swung into place with the other end resting upon the frame of the press machine, without anything to secure it. When not in use for the purpose above stated, it was ordinarily thrown open, and back against the dryer machine. It had been in use for about a month before plaintiff's employment, and continuously up to the time of the injury. It had on one occasion worked loose around the bolt, and a washer had been put on, and the bolt again screwed down and battered down, so that it was tight, and some force had to be exercised to push the board around so as to span the opening or to pull it out of the way. Where the free end rested upon the iron frame of the press machine the iron was smooth, and was subject to the continual dripping of oil and grease. The board was about the same width as the iron frames on which its two ends rested, and neither before nor after the accident had it been discovered but that it rested smoothly and securely at both ends. On the day in question the plaintiff mounted this board for the purpose of carrying the end of a sheet of paper from the press over to the dryer roll,...