Wanner v. Kindel

• Decision Date: 11 December 1893
• Citation: Wanner v. Kindel, 34 P. 1014, 4 Colo.App. 168 (Colo. App. 1893)
• Parties: WANNER v. KINDEL.
• Court: Colorado Court of Appeals

34 P. 1014

4 Colo.App. 168

WANNER v. KINDEL.

Court of Appeals of Colorado

December 11, 1893

Error to district court, Arapahoe county.

Action by L.T. Wanner against George J. Kindel. Judgment for defendant, and plaintiff brings error. Affirmed.

John W Helbig, for plaintiff in error.

John L Jerome and Thomas H. Hood, for defendant in error.

BISSELL P.J.

This is an action for personal injuries brought by Wanner against Kindel, the operator and owner of a mattress factory in Denver. Wanner was employed in 1889 about the factory, and his duties were to saw logs into suitable lengths, for reduction into fiber to be used in the manufacture of mattresses. The sawing was done in the ordinary way, by a circular saw, running in a frame on which the table rested where the logs were laid to be cut. The table had an opening in it, through which the saw ran and the dust fell, and on the top of it there were a couple of iron posts or legs against which the log rested. The log was forced up against the saw by the propulsion of the table in the right direction by a lever operated by the sawyer with one hand, while with the other the log was apparently held against the uprights. Wanner was furnished a helper, who aided him in holding the logs. On the morning of the accident, Wanner and his helper had for some little time been bringing the logs into the saw house. Snow had fallen on the timber, and partially melted, so that the logs were more or less covered with slush and icy material. The two men swept off the logs as they were brought in, and apparently had cleaned a couple of loads prior to the accident. They were cleaning the last load when the proprietor came along, and endeavored to hasten them in their work, his directions substantially being, that they were not to take so much time in cleaning the wood, but to go over it quickly, because some blocks were needed for "excelsior." This was the only order he gave, and when he gave it, and before they commenced sawing, he left the house. According to Wanner's testimony, as soon as Kindel had given this direction, they took the last logs without thoroughly cleaning them, and commenced to saw them up. They had sawed several logs, and were sawing another, when Wanner was hurt. When the log was about four feet long, and a block was being cut off, Wanner's index finger came in contact with the saw, was badly cut, and at the time of the trial had become stiffened. This was the injury complained of. The evidence is not clear as to the proximate cause of the accident. The log was shown to be somewhat slippery and icy, but there is nothing to prove...