53 Ind. App. 316 | Ind. Ct. App. | 1913
— This action was commenced in the Clark Circuit Court to recover damages from appellant for causing the death of John Inzer. This is the second appeal. On the first appeal the complaint was held insufficient and the judgment was reversed by the Supreme Court for that reason. American Car, etc., Co. v. Inzer (1909), 172 Ind. 56, 87 N. E. 722. An amended complaint was afterwards filed and a second trial resulted in. a judgment for plaintiff and this appeal was taken. The amended complaint upon which the judgment appealed from was rendered is based on the Employer’s Liability Act, §8017 Burns 1908, Acts 1893 p. 294. As shown by the allegations of this complaint the defendant was a corporation engaged in the manufacture of cars at the city of Jeffersonville. The deceased was at the time of his death employed by the defendant and was engaged in tinning the roof of a car standing in one of the buildings connected with the plant, and for the purpose of doing the work he occupied a position on top of the car. The
Our discussion of the questions already considered covers the questions presented by the motion for judgment on the interrogatories to the jury and by the motion for a new trial.
Judgment affirmed.
Note. — Reported in 101 N. E. 676. See, also, under (1) 26 Cyc. 1079; (3) 26 Cyc. 1392; (4) 3 Cyc. 399; (5) 26 Cyc. 1395; (6) 29 Cyc. 530. As to contributory negligence in tbe case of a railroad employe occupying a dangerous position, see 33 Am. St. 765. For a discussion of tbe kind of railroad intended by a constitutional or statutory provision abrogating tbe fellow servant doctrine as to railroad employes, see 8 Ann. Cas. 1086.