53 Ind. App. 619 | Ind. Ct. App. | 1913
— Appellee as administratrix of the estate of Fred W. Munson, her deceased husband, began this suit against appellant in the Marion Circuit Court to recover damages for negligently causing his death. A change of venue was taken to Franklin County, where trial by jury resulted in a verdict and judgment in favor of appellee for $4,800.
The overruling of separate demurrers for want of facts to each of the two paragraphs of complaint is assigned as error. Decedent was employed by appellant to assist in the work of elevating the tracks of the Big Four railroad over Washington street in the city of Indianapolis, and while engaged at his work, he was killed by reason of a cable, which held suspended a heavy steel girder, becoming detached from the “drum” of the derrick, thereby causing the girder to fall upon him. In substance, the averments of the first paragraph of complaint, so far as they are mate
We find that no error was committed at the trial, and the judgment is affirmed.
Note. — Reported in 101 N. E. 510. See, also, under (1) 31 Cyc. 333; (2) 26 Cyc. 1302; (3) 26 Cyc. 1386; (4) 26 Cyc. 1454; (5, 7) 26 Cyc. 1447; (6) 26 Cyc. 1474, 1477; (8) 38 Cyc. 1617, 1627; (9) 38 Cyc. 1795, 1800; (10) 17 Cyc. 232; (11) 17 Cyc. 262. As to what are proper subjects of instructions to jury, see 72 Am. Dec. 538. As to duty of master to furnish servant with safe means and appliances to work with, see 92 Am. Dec. 213; 21 Am. Rep. 579; 33 Am. St. 766. As to instructions of court assuming existence of facts, see 14 Am. St. 44. As to basis of rule of assumption of risk, see 131 Am. St. 437. As to assumption of risks of dangerous machinery, see 119 Am. St. 434. As to the subjects and admissibility of expert testimony, see 66 Am. Dec. 228. On the question of the master’s liability for failure of employes exercising superintendence to furnish proper appliances, see 58 L. R. A. 46. As to the liability of a master to his servant for injuries caused by a derrick, see 20 Ann. Cas. 896.