72 Ind. App. 179 | Ind. Ct. App. | 1919
—Action by the appellant against the appellee for damages sustained in the loss of a part of his hand, occurring while he was working a buzz planer in the appellee’s factory.
The complaint was in one paragraph, to which the appellee filed an answer in general denial. There was-a trial and a verdict for the appellee. Appellant filed a motion for a new trial, which was overruled, and judgment was rendered on the verdict in favor of the appellee. From the ruling and judgment this appeal is prosecuted.
The only error assigned is the error of the court in overruling appellant’s motion for a new trial. Under this motion the appellant complains that instructions Nos. 3, 6%, 7, 8, 9, 10 and 16 given by the court are erroneous, and that the court erred in refusing to give instructions Nos. 1, 2 and 3 tendered by appellant.
The complaint is in substance as follows: The appellee Was, at the time of the accident, a corporation
We see nothing wrong with this instruction. The ■ machine, being a planer, was evidently used upon lumber of various widths and thicknesses, and as the width or thickness of the material varied, the guard must have been adjusted to such changes. In determining the conduct of the appellant in the performance of this duty, or any other duty on the part of the appellant with reference to the operation of the machine, it was proper to consider all surrounding circumstances and conditions. If in any particular it was harmful to the appellant, it must have been because of the evidence which is not in the record. On the face of the instruction it was. entirely proper under the rule enunciated in Pinnell v. Cutsinger (1909), 44 Ind. App. 419, 89 N. E. 493.
We find no available error. Judgment affirmed.