172 Ind. 81 | Ind. | 1909
This is an action by appellee to recover damages for personal injuries alleged to have been caused by appellant’s failure to comply with that provision of the factory act requiring cogwheels to be guarded. §8029 Burns 1908, Acts 1899, p. 231, §9. A demurrer to the complaint for want of facts was overruled, a general denial was filed, trial had, a verdict returned in appellee’s favor, appellant’s motion for a new trial overruled, and judgment rendered on the verdict.
It is not alleged that there was any defect or infirmity in the handle that caused appellee’s hand to slip therefrom. So far as shown by the complaint, appellee’s hand slipped from the handle as the result of his own negligence, or from some other cause for which appellant was not to blame.