Waddell v. Burlington Basket Co.

• Decision Date: 14 February 1913
• Parties: WADDELL v. BURLINGTON BASKET CO.
• Court: Iowa Supreme Court

159 Iowa 736

140 N.W. 805

WADDELL

v.BURLINGTON BASKET CO.

Supreme Court of Iowa.

Feb. 14, 1913.

Appeal from District Court, Des Moines County; W. S. Withrow, Judge.

From judgment on directed verdict for defendant, the plaintiff appeals. Affirmed.Hubbell & Hubbell, of Trenton, Mo., and Wade, Dutcher & Davis, of Iowa City, for appellant.

Clark & Hutchinson, of Des Moines, for appellee.

LADD, J.

The defendant operates a basket factory, and in June, 1911, employed plaintiff, then 18 years of age past, to work at what seems to have been called the “gang saw table.” This table was about 4 feet wide, and a little longer than wide. The frame was of iron and about 2 1/2 feet high, with a top which was adjustable, being raised or lowered by a crank, so as to adjust the saws to boards of different thickness. There was a slit near the center of the table lengthwise about 15 inches from the south side, through which three saws attached to a shaft below revolved. These saws were 14 inches in diameter, and about 1/4 of an inch apart, and ordinarily extended above the top 3 or 4 inches. They were properly covered above. A roller carried the board or timber into the saws, and as they were sawed in strips these were carried through to the other end. There was an opening into the floor below into a suction pipe through which the sawdust was drawn out of the building by fans. Boards were at either end to run the sawdust down, and on the north side the space was covered with gearing. On the south side there was an iron below the top extending down about 5 inches, and one at the bottom, also 5 inches wide, about 2 1/2 inches above the floor. Plaintiff testifies that: “At the south side of the table there was a leg 5 inches wide coming down from each corner. Then there is the circular part of the frame about 2 or 2 1/2 inches from the floor; that is, 5 inches wide going from leg to leg. This is on the south side of the table, or right-hand side of the table as I stood. There is also a frame in the center of the machine between the legs. It goes down from the top of the frame to the lower frame. This is 5 inches wide--same width as the legs. There is also a cross-piece at the south end running from the bottom of the west leg up to the top of the east leg. This cross-piece is an inch wide.” He testified that otherwise the south side was open, but Fneske that it was covered by boards set in grooves. Fneske fed the strips as they came through, and plaintiff placed them on a truck, and handed any part not sawed back for Fneske to run through again. The plaintiff explained how the work was done, saying that Fneske would start a board in at the feeder's side, and it would run against a straight edge and “the saws would saw off three pieces, and I would receive the boards from the saw. The feeder would be handling three pieces of boards at the same time; I mean following each other. These being short pieces he would start them in, and the rollers or feeders would carry them through to my side. I would get the strips and put them on the truck, and throw the board back. Would take the strips with the left hand and the board in the right hand. * * * At the time I was hurt we were sawing boards which had all been sawed to about 2 inches wide and about 3 inches thick, and about 2 feet long. They were making about 3 or 4 little slats out of one piece; they were coming right through one after the other, and as they came through I received them and put them on the buck. While I was doing this work I heard a buzzing. I reached down and pulled it out. I was standing facing the table at this end (referring to the trial table), and I reached down like that (indicating) to get hold of it, and started to get hold of it, and got it loosened up a little bit, and it jerked my right hand up into the saw. There was nothing below there to interfere with reaching under the saw from the side; nothing but the slanting board on the end and some sawdust in there. The stick was wedged in next to the level between that and the saw. I had to reach under the two saws. It came down below the saws about six inches. (The stick that was clogging the saw that I heard buzzing.) It was leaning a little toward me. I stooped down and reached under the table, and got hold of the stick about six inches below the edge of the saw, and then it all happened just in a second. I started to pull the stick down, and it just took my hand right up into the saw. Never pulled a stick out of the saws before, but I have seen others do it. I couldn't state his name. I was a stranger there. Fneske was the only one that worked about the saws while I was there. I have seen him pull these sticks out of the saws at other times; I can't say how many times. I couldn't very well describe the stick I started to pull out. I know it was about 6 inches below the saws. I believe it was a circular piece. * * * When I reached in there to get hold of the stick, Mr. Fneske was at the other end of the table. He said nothing to me, and I saw him do nothing. I didn't see him attempt to shut off the power. It wasn't stopped after I was struck to my knowledge. I went to the hospital, and was operated on by Dr. Lundy. The doctor cut off the two middle fingers.” The witness further testified that Fneske “adjusted the table, and fed the boards in alongside of the guide on the north side, which was a piece of iron or steel, smooth and straight so as to maintain a straight edge upon the wood. The saws were adjustable and Fneske adjusted them; in doing so, he would have to remove the blades, and in doing this would take a piece out of the table. There was a cross-section of the top of the table fixed to it could be taken out to adjust the saws. * * * At the right hand of Fneske as he was feeding the machine was the belt shifter and lever, coming down from the countershaft from which he started and stopped the saw. * * * John Fneske did all the work about the saw except the taking of the boards away as was heretofore explained which was done by me.”

On cross-examination the witness testified further that, when he heard “whirring noise or buzz of some kind,” he looked and saw the sliver next to the guide, and stepped around the corner of the table, “looked under the frame, looked clear under there, and saw the saws revolving and reached my left hand under the saws to get hold of the stick; had a cotton glove on. I got my hand down far enough so I could see clear under the frame, and see the saws and the end of the stick, and reached my hand right under these revolving saws, and got hold of the end of the stick; it jerked my hand up in there. This was the first time I ever did that.” As the lumber was green the sawdust was usually wet, and he had pushed it through a hole with a 10-foot pole, and also had frequently done so with his hand. The plaintiff had had no previous experience in the...