183 Ind. 572 | Ind. | 1915
To determine the sufficiency of this complaint as against a demurrer for want of facts it is necessary to consider the several provisions of the Employer’s Liability Act of 1893 (Acts 1893 p. 294), on which the pleading is based. Subdivision 2 of §1 of that act (§8017 Burns 1914) creates a liability for injury “Where such injury resulted from the negligence of any person in the service of such corporation, to whose order or direction the injured employe at the time of the injury was bound to conform, and did conform.” Subdivision 4 of the same'section creates a liability “where such injury was caused by the negligence of any person, co-employe or fellow-servant engaged in the same common service in any of the several departments of the service of any such corporation, the said person, co-employe or fellow-servant, at the time acting in the place, and performing the duty of the corporation in that behalf, and the person so injured, obeying or conforming to the order of some superior at the time of the injury, having authority to direct.”
. Exception is taken to the giving and refusal of certain instructions which may readily be included in two classes and
Judgment affirmed.
Note. — Reported in 109 N. E. 47. On statutory liability for negligence of employes exercising superintendence, see 58 L. R. A. 33. As to employes and employments within the purview of the statutes abrogating the fellow-servant rule, see 18 L. R. A. (N. S.) 477; 47 L. R. A. (N. S.) 113. As to assumption of risk by employe in performing act under orders of master, see 7 Ann. Cas. 435. See, also, under (1) 26 Cyc. 1395; (2) 26 Cyc. 1366; (3) 26 Cyc. 1368; (4) 26 Cyc. 1189, 1183; (5) 26 Cyc. 1419, 1516; (6) 26 Cyc. 1164, 1451.