York Lumber Co. v. Dexter

• Decision Date: 13 July 1914
• Docket Number: (No. 107.)
• Citation: 169 S.W. 315
• Parties: YORK LUMBER CO. v. DEXTER.
• Court: Arkansas Supreme Court

169 S.W. 315

YORK LUMBER CO. v. DEXTER.

(No. 107.)

Supreme Court of Arkansas.

July 13, 1914.

Appeal from Circuit Court, Cross County; W. J. Driver, Judge.

Action by S. E. Dexter against the York Lumber Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Killough & Lines, of Wynne, for appellant. Mardis & Mardis, of Harrisburg, for appellee.

McCULLOCH, C. J.

The plaintiff, while working for the defendant as engineer at the latter's sawmill near Vanndale, Ark., received personal injuries alleged to have been caused by certain defects in the machinery about which plaintiff worked, and this is an action to recover compensation for such injuries.

Plaintiff had only been working for defendant three or four days when the injury occurred. He was an experienced engineer, and was employed by defendant to take charge of the engine room and operate the two engines therein, and also to assist the two firemen in the discharge of their duties when they needed his assistance. The saw-dust from the mill was conveyed from the saws to the engine room by a chain-belt conveyor, which ran up above the wall and over the engines. The belt carried the sawdust to the mouth of a chute, whence it was conveyed downward to a place convenient to the firemen near the fire box of one of the engines. The chute was constructed of wood, and was not covered over at the top. Frequently the sawdust became clogged up, especially when damp, and it was necessary to climb up to the top of the chute, to a height of about 14 feet from the floor, and loosen or unclog it with a rod of some kind. Just below the top of the chute there was a chain pulley fastened to a line shaft by a set screw, which extended out from the shaft about two inches, and it was not boxed or otherwise protected. This set screw was covered with grease and dust to the extent that it could not be observed, even when the machinery was not in motion, except upon a careful inspection. We are stating facts now as set forth in the complaint and as established by the evidence adduced by the plaintiff when viewed in its light most favorable to him. The chute became clogged up with damp sawdust, and the only fireman present at the time was endeavoring to unchoke it from below, but it became necessary for some one to climb up to the top of the chute and unchoke it from that end. Plaintiff climbed up and was engaged in that work when the bottom of the leg of his overalls came in contact with the set screw, and his leg was dragged into the pulley, and he received a serious injury; the bones of his leg being broken. The liability of the defendant is predicated upon alleged negligence in leaving the set screw exposed and in failing to box it or place it on the inside so that those at work around the pulley would not come in contact with it.

The principal contention is that the evidence is not sufficient to sustain the verdict, in that it fails to show any negligence on the part of the defendant concerning...