Reynolds

Plaintiff had the verdict in an action for damages resulting from personal injuries. The accident was caused by her dress being caught by a revolving iron shaft while she was engaged at work on a hop-picking machine, and she was seriously hurt. We attach hereto a diagram to illustrate the situation and to make clearer the testimony to which we shall refer. "A" represents the platform on which plaintiff stood, "B" the shaft on which her dress was caught, "C" the south post close to or against which she stood when her clothing came into contact with the shaft, "D" the grate with its iron bars on which the hops fell from above, "E" the post at the north end of the platform and distant from "C" nearly eight feet, "F" the brace to post "C." The platform was twenty inches, and the shaft twenty-nine and three-fourths inches from the floor. The south post, "C," was five and one-half inches thick, the shaft was four inches *Page 713 distant from it, and it was seven inches to said post from the bottom of the most southern iron rod in said grate. [EDITORS' NOTE: PICTURE IS ELECTRONICALLY NON-TRANSFERRABLE.] That plaintiff's version of the accident may be understood, we quote from her…

We have given careful attention to the forcible and instructive petition for rehearing filed herein by appellant. The position urged with the strongest reason relates to the effect of the so-called saving clause in the said Workmen's Compensation Act of 1913. It may be admitted that the language was not very happily chosen to express the intention of the legislature that the law in force at the time should apply to an accident occurring prior to January 1, 1914, but that such was the intention of the legislature we feel reasonably satisfied. Otherwise, said section 91 of the act of 1913 could have no purposeful and effective operation. If we adopt the reasoning of appellant we must hold that there is no statutory law in force in this state whereby respondent may secure any remedy for the wrong that she suffered. The said act of 1913 was intended to present and embody a complete scheme for the enforcement of a cause of action like that before us, and it is apparent that all prior legislation on the subject is inconsistent with the provisions of said act. But this statute manifestly can be of no value or benefit to respondent, since by express provision the vital *Page 723 part of…