The Brutal Reality of 'Assumption of Risk' in the Mills
A shingle sawyer loses his hand in a mill accident, only to have his lawsuit dismissed due to legal doctrines protecting corporations.
Ellis McCoy is an upright shingle sawyer. While working at his trade last fall in the Seaside shingle mill of this city, his hand came in contact with the shingle saw and in an instant four fingers were severed. McCoy alleged that through the negligence of the company the sawdust conveyor was poorly constructed and allowed the sawdust to clog against the saw. He further alleged that he was compelled to poke the sawdust away with a stick, and that the stick, becoming entangled with the conveyor chain, threw his hand into the saw. He brought suit in superior court for $10,000 against the Seaside Mill Company. The case came up for trial a few days ago before Judge Black. The defendant company set up the old defense of 'assumption of risk.' The skilled attorney made the plaintiff appear guilty for knowing the workings of the mill. Judge Black heard the case of the plaintiff and dismissed the action, knowing that a verdict for the plaintiff would only be reversed by the supreme court.
“'Assumption of risk,' the little brother to the corporations! First aid to the injured corporation!”
This case highlights the extreme imbalance in early industrial law, where the 'assumption of risk' doctrine essentially allowed employers to escape liability for dangerous working conditions. It tracks the evolution of labor rights toward the modern workers' compensation systems that eventually replaced these brutal courtroom outcomes.
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