184 Ind. 652 | Ind. | 1915
This is an action to recover damages for injuries sustained by appellee by reason of the fall of a heavy steel plate on his foot. At the time his injuries were received appellee was in the employ of appellant and, with other employes, was engaged in lifting the plate from the floor to its position in a certain machine known as a gas producer. This work was being accomplished by the use of a rope and pulley attached to an I-beam, about twenty feet above the floor, by means of a certain dog or clamp, of which a'sketch is reproduced herewith.
While the plate was being lifted, the dog or clamp slipped from the I-beam and thus allowed the plate to fall on appellee’s foot, producing the injuries complained of. The cause was tried by a jury which returned a verdict in favor of appellee and from a judgment on the verdict this appeal is taken.
Appellee relies on the case of L. T. Dickason Coal Co. v. Liddil (1911), 49 Ind. App. 40, 94 N. E. 411, to sustain this contention that the inferences drawn by the jury were properly drawn from facts proved. In that case decedent, an employe of the coal company, had been seen standing with one foot on the bumper of a tramcar and the other foot on the tail chain, driving a mule. When his body was later found under the wheels of the car, the tail chain was unhooked from the drawbar and the mule had moved away some distance. The Appellate Court said: “The character of the defects shown to exist in the hooks was such as to justify the jury in inferring that the tail chain became disconnected from the drawbar of the car by reason of such defects. If this happened while Raymond Liddil was standing in the position in which he was last seen, the jury might infer that he was thrown to the track in front of the ear, and that the momentum of the car caused it to run' upon him and cause his death.
Other questions presented may not arise on a new trial of the issues, and, therefore, need -not be considered. Judgment reversed, with instructions to sustain appellant’s motion for a new trial and for further proceedings in accordance with this opinion.
Note. — Reported in 109 N. E. 960. See under (1) 3 C. J. 154, 38 Cyc 1770; (2) 4 C. J. 766, 3 Cyc 303; (4) 4 C. J. 535; 3 Cyc 166; (5) 16 Cyc 1051.