Robbins v. Ft. Wayne Iron & Steel Company
| Decision Date | 21 April 1908 |
| Docket Number | 6,101 |
| Citation | 84 N.E. 514,41 Ind.App. 557 |
| Court | Indiana Appellate Court |
| Parties | ROBBINS, ADMINISTRATRIX, v. FT. WAYNE IRON & STEEL COMPANY |
From Dekalb Circuit Court; Emmet A. Bratton, Judge.
Action by Mary C. Robbins, as administratrix of the estate of Theodore A. Robbins, deceased, against the Ft. Wayne Iron & Steel Company. From a judgment for defendant on the answers to the interrogatories notwithstanding a general verdict for plaintiff for $ 1,500, plaintiff appeals.
Affirmed.
Henry Colerick and Lee J. Ninde, for appellant.
Elmer E. Stevenson and Zollars & Zollars, for appellee.
Roby, C. J., absent.
Appellant as administratrix, commenced this action in the Superior Court of Allen County against appellee, a manufacturing company, to recover damages by reason of the death of Theodore A. Robbins, alleged to have been caused by appellee's failure properly to guard certain parts of its machinery. The venue was changed to the Dekalb Circuit Court, where the cause of action, as stated in the amended third paragraph of complaint, answered in denial, was submitted to a jury, resulting in a general verdict for appellant, with answers to fifty-four interrogatories. Appellant's motion for judgment on the general verdict was overruled, and appellee's motion for judgment on the answers to the interrogatories was sustained. Judgment in favor of appellee. The ruling of the court on each of these motions is assigned as error.
If the facts specially found by the jury cannot be reconciled with those found by the general verdict, the ruling of the trial court was right. This question must be determined from the complaint, answer, general verdict, interrogatories and answers thereto. Bemis Indianapolis Bag Co. v. Krentler (1907), 167 Ind. 653, 79 N.E. 974. Appellant does not attempt to particularize the facts specially found and the pleaded facts in an effort to show that there is no irreconcilable conflict, but is content with the general statements that "the special findings of the jury override the general verdict only when both cannot stand," and that "the answers to the interrogatories were not such as to be wholly irreconcilable with the general verdict, but that from the allegations of the complaint it readily appears that the general verdict is easily supported and should be sustained."
From the complaint it appears that on February 1, 1904, and for two years prior thereto, appellee, at the city of Ft. Wayne, Indiana, was engaged in the business of manufacturing and rolling iron; that for the purpose of said business it maintained in its mill "two machines, set side by side, for the rolling of hot iron into rods and strips; that each machine consisted of an iron frame about six feet high and six feet wide, containing three horizontal rollers set one above the other in said frame, the shafts of which rollers projected through said frames and were joined, fastened or linked to the ends of rollers projecting in a like manner through the frames of the other machine; that there was a like arrangement of links, spindles and fasteners between the north set of rollers and the frame thereof and the engine that furnished the power to run said machine; that there was a space of about three feet between said machines and the frames thereof, and a like space between said north set of rollers and said engine, each of which said spaces contained no machinery except the roller ends and the couplings, set-screws and attachments connected and before described; that the sole purpose of said projecting shafts and the couplings, links and fastenings thereof between said north set of rollers and said engine was to transmit the power from said engine to the rollers on said north machine; that said machine and said links and couplings between said machine and between said engine and said north machine, in the use thereof, were constantly revolving at a high and dangerous rate of speed, but in the proper use of said rolling machines in defendant's business it was not necessary at any time to leave said space of three feet between said machines and the frames thereof, and said space between said north machine and said engine, open, unprotected and exposed; but that said rolling machines would have been as serviceable to the defendant if said spaces and the roller ends and the couplings connected therewith were boxed up or provided with guards." It is also alleged that said roller ends, couplings and screws in said spaces were knowingly left unguarded; that appellant's decedent was in the employ of appellee "as an oiler and assistant millwright," and it was his duty to oil the machinery about said mill and repair the same; that on said day, and while decedent was in the line of his duty, and while examining a piece of machinery near said unprotected machinery for the purpose of seeing what, if any, repairs were needed, "he slipped, fell or was caught between said unguarded roller ends between said north rollers and said engine, without any fault on his part," whereby he was crushed and instantly killed. It is also alleged that no repairs were being made nor were about to be made in or about said roller ends.
The interrogatories and answers thereto show that appellant's decedent was, on February 1, 1904, and for about six weeks prior thereto had been, in the employ of appellee as an assistant millwright. Prior to his engagement with appellee he had operated steam engines and other machinery. As a part of appellee's machinery there was what is known as "muck mill rolls," located in the southeast portion of the mill and extending north and south. They comprise three rolls, one above the other. The north end of the rolls extends through an iron frame and into another frame about two feet distant. These extensions were called spindles. Next to each frame on the spindle was boxing, and on the boxing on the lower roll was a sprocket-wheel, to which was attached an endless chain connecting the sprocket-wheel on the feed-roll located immediately in front and east of the lower main roll. The platform or floor upon which the men worked in putting iron through the rolls extended north and terminated at about the sprocket-wheel on the feed-roll, and which platform was about eight inches above the ground. Prior to said day appellant's decedent had frequently assisted in adjusting said chain, and had assisted in adjusting chains on other sprocket-wheels in appellee's mill, had oiled the same, and was familiar with the chains and the construction and operation of said rolls, the movements of which were open and visible to any one looking at the same, and any person of ordinary intelligence, by looking at said rolls and boxing when in operation would know that injury would result to a person drawn between them; that prior to said day decedent had been warned and instructed by appellee not to attempt to adjust said feed-roll chain while the machinery was in motion, and had been instructed not to attempt to repair any machinery while the same was in motion, and knew that it was against the rule of appellee to undertake to repair machinery while in motion. On the day of the accident Quigley, head millwright, and decedent had adjusted the feed-roll chain, and immediately prior to the accident Quigley and decedent were working together. Decedent was standing on the ground in front of or to the northeast of said spindles and the...
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