Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-20
Court Sustains
Presiding Judge
- -
In Auburn Case

The law court. Saturday, han7ed
down a rescript in the Androscoggin
county case of Leslie r. Curtis, pro
ano. VS.. Auburn Paper Box Co, sus-
tains the ruling of the presiding JUS
lee, directing verdict for the de-
PENDANT and overrules the exceptions
of the plaintiff. The reseript, per Gu
rian, is as follows;e
This is an action brought by the
plaintiff. an intelligent by 10 years of
age, To recover damages for an injury
to his left hand While in the employ
ment OF the defendant.
The machine upon which the plain
tiff was injured eat the corners from
sheets Of cardboard for use in the
manufacture of boxes. The operation
itself was simple, and consisted in
putting these sheets of cardboard
against gauge on the cutting board
and applying the power by means or
tfeadle pressed with the foot, which
brought the knives down To the cut
ting board. Removing the foot from
the treadle threw the knives upward
| and stopped the machine.
Underneath tine machine was the
treadle rod and astride this rod was
a fo1r-legged stool, the top of which
was covered with strips of wood with
spaces between. On this top was Il
half barrel into which fell the card
board corners from the table when
cut. The stool was not fastened to the
floor and the top not being fully COW
cred, it was possible for the chimes
of the barrel when moved to drop be-
tween the stats and strike the treadle
rod The plaintiff had worked eight
days upon a somewhat similar ma
chine bat with power differently APP
piled.
On the day in question the plaintiff
had been at work about is minutes.
when he stopped the machine. and
stepping around TO the side attempted
to draw out the barrel which had be-
come full His own account of the ac-
cident which followed, is in these
words: II reached down to take hold
OF the barrel, and l took hold of the
top of the barrel, and pulled like that
and 1t tipped or stuck partially, and
l then reached down and took hold
OF the strap to lift it, and pulled it,
and put my left hand on the table of
the machine to brace myself to lift up
and pull out. When 1 lifted up on the
barrel / started it. The top of that ia
bic is slippery, and imagine my hand
slipped a little, and when I pulled up
on the barrel, the barrel or the stool
| connected with the treadle rod and
brought the knives down"
Q-"And what did it do to your left
| hand?'
A-"Took off the fingers as you see
| them now"
He further testified that he did not
| know at the time just where he was
placing his hand on the fiat surface
| of the table and that the surface was
| slippery, as slippery as can be. as
| slippery as ice is. to mems shoes, and
it is all powder from that paper where
| it is cut, You know, and makes kind
of a powder. and your hand would
| naturally slip easy"
| This case has been before the law
court once before and decision was
rendered setting aside a verdict for the
PLAINTIFF on the ground that the plain
! tilf's contributory negligence prevent
| ed recovery. After careful statement
of the facts and of the plaintiff's tes-
| timony showing his appreciation of the
danger in case his hand should be be-
Meath lshe knives and pressure from
any source should DO exerted upon the
treadle SO as to release them, the
court in the rescript says.
THE plaintiff was bound to use rea-
sonable care With reference to where
to place his hands upon the table, and
it is the opinion of the court that no
i prudent and careful man would m
I der any circumstances. whether the
machine was in operation, or not. have
placed his hand so That il would have
come In contact with the descending