|
were used by other farmers. Appellant was quite familiar with the machine and its component parts, having looked after it and participated in the use of it six or seven times, or by his own admission possibly even more. When this planing was used appellant’s task consisted simply and strictly in placing the board lengthwise on the front table of the machine, and pushing this board at and under the knives, where rollers then mechanically moved it onto the opposite table, from which, the planing being thus complete, respondent took it up and placed it on a pile or loaded it onto a vehicle nearby. On the day in question, while respondent was loading a board which had just been smoothed onto the vehicle, with his back to the machine, appellant exceeded his duties and without having ever been requested or having any need to do so, undertook of his own initiative and without the knowledge of respondent, who had never seen him do such a thing, to remove the sawdust accumulated on the machine with his right hand, not on the side where appellant stood in the performance of his duties but on the opposite side where respondent took the boards off, and where the sawdust was in fact expelled by the action of the knives. As he was putting his hand too close to the knives, knowing the direction in which they rotated, he had his fingers cut. “It’s my fault, I know that!” he said to respondent when the latter, turning towards the planing machine, became aware with dismay of the accident which had just occurred.
|