Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-03-05
FOR THE EMPLOYERS.
The Case of Rummel VS.. Dilworth,
Porter e. Co. an Interesting One.
GUARD DANGEROUS MACHINERY,
Or Take Risks of Smarting Severely in
Damages From Accident.
SOMETHING REGARDING N0N-SUlTS
SOMETHING REGARDING N0N-SUlTS

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The final decision Of the Supreme Court
in the cases of George Rummel, Jr, and
George Rummel, Sr., versus Dilworth, Por-
ter & Co. in which the latter were worsted,
and mention of which was made in The
DISPATCH Yesterday, is notable not only
from the fact that the suits had entered their
ninth wear before the end came, but also for
the priuciple involved. Since the actions
BEGAN on the oath OF November, 1882, the
6rst-uamed plaintiff has died, and two of
the witnesses are also dead. Their testi-
uony. however, was preserved and used
after their death, having been taken steuo-
graphically.
A NJ. Watson, Esq, was attorney for
plaintiffs and Mr.. Dslzell for defendants.
As rule, for many years past the courts
have generally granted non-suits In cases
where employees were injured on railways
and in mills unless the violation of orGi-
nary prudential laws on the part of the
railway and mill companies was very gross,
and this decision upsets the general practice.
It has been generally held that workmen
took their lives in their own hands, and, in
case of accident, were guilty of contributory
negligence, as the slightest act in that d.
rection was sufficient to show it.
MUST PROVIDE SAFETY.
In the cases of Rummel VS. Dilworth, Porter
& Co., Mr. Watson contended thatnot only are
employers bound to provide as far as pos
sible against accident, by the erection OF
guards, etc., but that when they put boy
or uninstructed man to work in dangerous
place 1t is obligatory on them that they have
him instructed so that he not only knows
his danger, but knows how to avoid it. Mr..
Watson's argument, which has been given
effect bv the decision, is likely to be felt in
factories and railway management generally
in this State.
Another principle reasserted by this case
is that Judges cannot take a case from jury
and order non-suit where the matter al
legged is sufficient to afford the jury power
to draw an inference.
George Rummel, Jr., now deceased, was
II years old at the time of the accident on
the 10th of September, 1882. DE was en-
ployed by defendants as a "dragger-down"
in their spike mill. 1t was his duty to drag
heated billets out of a furnace and place
them in a train of rolls. The train was pro-
tected along its sides where the cogwheels
were exposed with guard boards two feet
high, except al the two head pairs of rolls.
ENERGIES EXHAUSTED.
Two boys were required on each turn, and
as the work required quickness and expert
ness the heat and exertion exhausted their
energies in an hour, and their places were
then taken by others. The cogs were left
exposed where the 'draggers-down" had to
work. The work was perilous, and plain
tifs contended that had the guard board ex-
tended three feet further covering the cogs
OH these two pairs of rolls, the boy would
have been absolutely safe. Young Rum
mell's pantaloons were caught in the cogs,
and his leg drawn in and crushed so that he
was permanently disabled. 1t was early in
the morning. and plaintiffs held that the
place was dark, and that defendants had not
provided sufficient lights to enable the boy
to see clearly.
The case was tried in Common Pleas No.
l, and when plaintiffs closed defendants
counsel moved 10 non-suit Judgment was
entered and the Court refused to take it of.
Writs of error were taken, and in his
argument before the Supreme Court Mr..
Watson quoted numerousIv from decisions
in other cases. among Others Maynes VS..
AtwalIer, Pa. st. R., 497: 1.-The rule upon
motion to non-suit is that the plaintiff is en-
titled to the benefit of every inference of
fact which the jury might draw from the
evidence the defendant being considered as
admitting every fact which the evidence
tends to prove" 3 w. and S., IA, Smythe
VS. Craig, and Id, 177, Beven VS.. insur-
ance company: CIV here there is any evil
dence which would justify an inference of
the disputed fact it must go to the jury"
Mr.. wATsoN's OPINION.
In conclusion Mr. Watson says:
1T does seem that our county courts
would economic time by allowing all the
facts in cases like these to be brought out
instead of snubbing plaintiffs, who, after
great inconvenience, come to trial to be
sent back until your Honors have reviewed
their cases. If our courts shall be open and
Justice administered without sale, denial or
delay it would save time and subserve the
ends of justice much better to hear all the
testimony on both sides and to submit the
facts to the jury under proper and, if neces-
sary, binding instructions.
Judgments were reversed and new trials
ordered. Both cases were again tried and
verdicts rendered for plaintiffs. The cases
bobbed up and down, not verv serenely,
however, until last November, when the
final argument was had in the Supreme
Court. After the boys death the father
continued the fight. Two verdicts were rem
dered-one for 81, S15 and the other for
S165 but the interesting portion of the
matter is the light the final decision
throws upon the duty of employers of labor
toward employees. 1t would seem that even
without the factory inspection law, people
who employ aid in running dangerous ma
chinery, or in any dangerous capacity, will
be wise if they throw every safeguard pos
sible around It,
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