53 Ind. App. 453 | Ind. Ct. App. | 1913
Appellee recovered a judgment in the trial court against appellant for damages resulting from the death of Joseph Senior. Senior was employed by appellant as night watchman at its factory and his death was caused by the explosion of a boiler located therein. It is alleged that the duties of decedent under his employment required him to fire the boiler in question and that he was so engaged at the time of the explosion. The theory of appellee is that the explosion was caused by reason of a defective condition of the boiler which was of such a character and had existed for such a length of time that it could have been discovered by appellant by the exercise of reasonable care in the inspection of the boiler. Appellant’s theory is that the boiler was not defective but that the explosion was caused by a lack of water in the boiler due to the negligence of the decedent.
The court did not err in overruling appellant’s motion for a new trial.
Judgment affirmed.
Note. — Reported in 101 N. E. 1025. See, also, under (1) 26 Cyc. 1384; (2) 2 Cyc. 703; (3) 29 Cyc. 725; (4) 23 Cyc. 833; (5) 26 Cyc. 1447, 1450; (6) 3 Cyc. 348; (7) 29 Cyc. 832; (8) 38 Cyc. 1809 ; (9) 29 Cyc. 589, 597. As to the duty of master to furnish safe means and appliances for servant to work with, see 92 Am. Dec. 213; 21 Am. Rep. 579; 33 Am. St. 766. As to burden of proof in action by servant for injuries arising from master’s negligence, see note to Brazil Block Coal Co. v. Gibson (Ind.), 98 Am. St. 321. Eor a discussion of the doctrine of res ipsa loquitur as applicable to a boiler explosion, see Ann. Cas. 1912 A 980.