Gutelius v. General Electric Co.

WOOD, J. Plaintiff recovered a judgment for damages for injuries which she suffered when her hair became entangled in a roller of a washing machine wringer which had been manufactured by defendant. The appeal is taken by defendant from the judgment, which was rendered by the court sitting without a jury.

Plaintiff bases her claim for damages upon her allegation of negligence in the manufacture of the washing machine in that the gear shift mechanism, by which the revolution of the rollers of the wringer was controlled, was defective. The trial court found that plaintiff “while using the said washing machine, caught the end of her long hair around the lower roller of the said machine and attempted to turn the shifter lever into its neutral position in order to stop the said rollers and release her hair; that it is true that as a result of the negligent, careless and unlawful manner in which the defendant, through its agents, servants and employees, had manufactured the said washing machine and the clutch and shifter lever of which it was a part, that the said shifter lever was caused to stick, causing the lower lever to continue revolving, as a result of which the plaintiff’s hair became entangled around the said lower roller, whereby and because whereof the plaintiff Ethel Gutelius sustained personal injuries.” Defendant attacks this finding as being defective in that there is no finding on the issue of the proximate cause of plaintiff’s injuries.

The washing machine involved in the accident was purchased by plaintiff on August 6, 1937, and was used by plaintiff not less than two or three times weekly during the ensuing period until the date of the accident, September 20, 1937. During this period plaintiff had difficulty in using the machine and about ten days prior to the accident the dealer who had sold the machine, Mr. Stine, called at plaintiff’s request for the purpose of ascertaining the cause of the peculiar noise which the machine was making. At this time plaintiff advised Mr. Stine that the shifter lever was inclined to stick and that it operated with considerable difficulty. Plaintiff [457]testified that Mr. Stine used a screwdriver to loosen and tighten a screw in the shifter lever. Plaintiff further testified that after the visit from Mr. Stine the shifter lever continued to stick and function with difficulty; that thereafter and on an occasion about a week before the accident she attempted to operate the shifter lever but it stuck and could not be moved, and on this occasion it became necessary for her to pull the plug from the wall in order to disconnect the electric power and thus stop the wringer. After this occurrence plaintiff made no inquiry of the dealer or anyone else to ascertain the cause of the difficulty. Notwithstanding these experiences plaintiff continued to use the machine and wringer until the date of the accident.