56 Ind. App. 634 | Ind. Ct. App. | 1913
Appellee brought this action to recover damages for injuries sustained while working for appellant as a miner in one of its mines. The amended complaint is in two paragraphs. The first alleges negligence of appellant under §12 of the mining act of 1905. Acts 1905 p. 65, §8580 Burns 1914. The second proceeds upon the theory of a violation of certain common law duties which appellant owed to appellee as its servant. Separate demurrers to each paragraph of the amended complaint were overruled, and this action of the court is assigned as error. Answers in general denial were filed to each paragraph of the amended complaint, together with three paragraphs of affirmative answer of former adjudication. To each of these affirmative answers appellee filed replies, and the court’s action in overruling demurrers to these replies is also assigned as error. There was a trial by jury, verdict for appellee for $2,000, and judgment thereon. Appellant’s motion for new trial containing many specifications was overruled, which ruling is also assigned as error.
Questions are also presented concerning the admission of certain evidence, but no reversible error is shown in connection therewith. The evidence fully supports the verdict. The record discloses no reversible error.
Judgment affirmed.
Note. — Reported in 103 N. E. 73. As to right of recovery by servant accepting extrabazardous employment, see 97 Am. St. 884. As to tbe liability of a mine owner to a servant for injuries caused by tbe falling of tbe roof of tbe mine, see Ann. Cas. 1912 B 577. As to tbe general question of tbe master’s duty to warn or instruct servant, see 44 L. R. A. 33. As to tbe master’s duty to instruct servant as to danger to wbieb be is exposed, see 41 L. R. A. 143. On tbe duty to protect or warn against dangers not reasonably to be apprehended, see 21 L. R. A. (N. S.) 89. As to tbe servant’s assumption of risk in obeying orders to perform obviously dangerous work, see 4 L. R. A. (N. S.) 830. As to attempting dangerous work in obedience to orders without fully appreciating the danger, see 4 L. R. A. (N. S.) 838. For servant’s assumption of risk of danger imperfectly appreciated, see 4 L. R. A. (N. S.) 990. As to whether tbe servant may assume tbe risk of dangers created by