Williams v. Kirby Lumber Co. (136 S.W. 1182, 1911)

PLEASANTS, C. J.

This is a suit by appellant against appellee to recover damages for personal injuries alleged to have been caused by the negligence of appellee.

At the time of his injuries, plaintiff was-, working for defendant as block setter on the-carriage of the saw in defendant’s sawmill at Roganville, Tex. His duties required him to ride the carriage between the two doggers thereon, and by means of a lever to regulate-the thickness of the lumber to be sawed in accordance with the orders of the sawyer. The sawyer ran the carriage by operating a lever which controlled the steam used as a motive power, and which regulated the speed of the carriage. The track on which the carriage was operated was about sixty feet long and five or six feet wide. The carriage was operated swiftly back and forth on the •track by means of what is known as a “shotgun feed.” Steam was used as a motive power. The feeding of the steam into the-gun was regulated by means of an upright lever. This lever was located about midway of the carriage track, and two or three feet to one side. To operate the carriage on the-track, the sawyer stood, holding this lever, with his face to the carriage. By pulling-the lever back and forth, the sawyer would let in as much or as little steam as he wanted, could run the carriage at any speed desired, and could start and stop it, either slowly or suddenly. While the carriage was moving,, either forward or backward, at full speed, it could be suddenly stopped and immediately shot in the opposite direction. On the side of the carriage opposite where the sawyer stood while operating his lever was an upright exhaust pipe, situated to the sawyer’s-left, about a foot from the carriage. This-pipe was 10 or 15 feet towards the saw from a point opposite the sawyer’s station. About the same distance to the right of the sawyer; and on the opposite side of the track, was-what is called the stationary board, which was an upright piece