34 Ind. App. 253 | Ind. Ct. App. | 1904
Appellant brought this action in the Lawrence Circuit Court against appellees to recover for personal injuries alleged to' have been received while working as their employe in a sawmill in Lawrence county. A change of venue was taken to the Jackson Circuit Court. A change of judge was granted in the Jackson Circuit Court. The amended complaint consisted of two paragraphs. A demurrer was sustained to each for want of sufficient facts. Appellant declining to plead further, judgment was rendered against him for costs.’ A reversal is asked upon the rulings on said demurrers.
Cmitting the formal parts and conclusions of fact, the complaint may be fairly summarized ^.s follows: At the time plaintiff received his injury, defendants owned and were operating a sawmill known as a “band mill,” and employed therein a number of servants, of whom plaintiff was one; that the building in which were located the saws and other machinery of said mill was composed of two stories, the s'econd of which was supplied with a floor which was five and one-half feet above the sills of the lower story; that on said second story, and ten feet west of the east end of said second floor, was a saw known as a “cut-off saw,” fastened to a table which was two and one-half feet in height, and the operator thereof worked on the west side of same; that the boiler and engine-room was immediately east of said sawmill building, wras but one story high, and lacked about thirty-five feet of projecting northward to the northeast corner of the said sawmill building, so that when wood and slabs were pitched and thrown out eastward from the second floor, and from the cut-off saw, the same would fall north of where the said wood and slabs were used, and
The court did not err in sustaining the demurrer to each paragraph. Judgment affirmed.