Henry v. Garden Grove Union High School District

MARKS, J.

On March 17, 1930, respondent was a minor of the age of fourteen years and a student in the manual training department of the Garden Grove Union High School. On this day he was operating a jointer machine. His right hand slipped into the revolving blades so injuring it that it was necessary to amputate his index and second fingers at the second joints, and the third or ring finger at the first joint. He sought damages for his injuries under the provisions of section 1623 of the Political Code. The_case was tried before a jury which returned a verdict in his favor for $7,550. From the judgment entered upon this verdict appellant has prosecuted this appeal.

The jointer machine was used in the wood-working section of the manual training department of appellant's high school. The cutting portion of this machine consisted of a series of rapidly revolving blades or knives. The wood to be worked upon rested upon the table of the machine which could be raised or lowered to fit the requirements of the operation. On one side of the table and over the knives was an adjustable iron guide against which the wood rested when passing over the revolving blades. On the other side of the table there was a guard which, when in place, rested against the wood and covered the portion of the exposed blades or knives which were not actually cutting the wood. The guard was held in place by a weight. On the day of the accident, and for some time prior thereto, the guard was without a weight and was not in place.

[640]

Joseph P. Henry, Jr., at the time of his injury, was running a short stick of wood through the jointer. He was pushing the wood and holding it down on the blades with his right hand. When this hand was over, or nearly over, the blades the wood slipped or jumped and the first three fingers of his right hand came into contact with the revolving knives causing his injury.

There is sufficient evidence in the record to support the conclusion that the accident was caused by the improper adjustment of the table and also by the fact that the guard was not in place, and that the absence of the guard from its proper position rendered' the machine dangerous to any person operating it. From the evidence offered by respondent it appears that just before the accident the table had been adjusted by one of young Henry’s instructors and the absence of the guard from its proper position must have been apparent to him.