64 Ind. App. 685 | Ind. Ct. App. | 1917
This was an action by appellee by his next friend for damages for injuries received on an elevator operated in appellant’s factory. The gravamen of the case as averred is the following': “That on said day and prior thereto he was and had been employed by the defendant to work in said factory in said building, and that he was at such times employed by the defendant to do such work in said factory and building as he might be ’ instructed by the defendant to do. While in said employment on said day he was performing work in said factory and building under said employment for defendant and under the directions of the defendant’s foreman to whose orders plaintiff was at said time required to conform and to whose orders he did conform at said time in the discharge of the duties of his employment with defendant in said factory. While he was so employed by defendant and while working for defendant in said factory in discharge of the duties of his employment the defendant in violation of law, permitted plaintiff to- have the care, custody and management of the elevator in said factory
There was a verdict for appellee, and over a motion for a new trial, a judgment for him for $800. Errors assigned call in question the sufficiency of‘the third paragraph of complaint, on which the case was tried, and the action of the court in overruling the motion for a new trial.
Under the first section it is not necessary to allege that the injured ‘young person’ was employed to operate the elevator as is contended for by appellant. It will be observed that the complaint avers that the elevator was operated with the permission of appellant. These averments are conclusive as to permission being given and we think clearly fall within the provisions of the sections of the statute, supra.
Appellant makes no argument in its brief and cites
There being no reversible error in the record, the judgment is affirmed.
• Note. — Reported in 116 N. E. 593. Master and servant: injury to employe under statutory age, defense of contributory negligence to defeat recovery, 12 L. R. A. (N. S.) 461, 20 L. R A. (N. S.) 876, 48 L. R. A. (N. S.) 667.