Albert v. McKay & Co.

Frank Albert worked for McKay & Co. (McKay) (defendant), a lumber mill. On March 10, 1913, while Albert was working at the mill, his clothing became caught in a rapidly revolving power-transmission shaft. His body was pulled against the shaft, and he sustained fatal injuries. Albert’s widow, Ella (plaintiff), filed a wrongful-death action against McKay, alleging that McKay negligently caused Albert’s death by starting the machinery after Albert began working near the shaft. At trial, numerous witnesses testified that the machinery, including the shaft involved in the accident, had already been running before Albert went to the lower floor where the shaft was located, and that the machinery was not stopped until after Albert’s body was discovered. No competent testimony contradicted this account. One witness, Elener, a blacksmith employed by McKay, testified on direct examination that the machinery had been running continuously. On cross-examination, Ella sought to impeach Elener by introducing rebuttal testimony that Elener had previously stated, shortly after the accident, that the machinery had not been running when Albert began working. This prior statement was admitted solely for impeachment. Nevertheless, the jury returned a verdict in Ella’s favor, and the trial court entered judgment accordingly. McKay appealed, arguing that no competent evidence supported Ella’s theory of negligence.