57 Ind. App. 566 | Ind. Ct. App. | 1914
Appellee recovered a judgment against appellants for personal injuries received by him in operating a ripsaw. Appellee was employed by appellants to operate the saw in question and at the time of receiving his injury was engaged in finishing up the work of getting out a bill of lumber, the principal part of which work had been done at another saw. The negligence charged against appellants is a failure to properly guard the saw.
The only error assigned is the action of the trial court in overruling appellants’ motion for a new trial. The reasons assigned for a new trial which are presented on appeal are as follows: (1) The verdict is not sustained by sufficient evidence, (2) the court erred in giving certain instructions and in refusing to give certain instructions tendered by appellants, (3) the court erred in the admission of certain evidence.
The judgment of the trial court is affirmed.
Note. — Reported in 105 N. E. 263. As to how far the servant may rely upon the master’s knowledge concerning risks, see 24 Am. St. 320. As to liability of a master where statutory guards on machinery have been removed and not replaced, see 45 L. R. A. (N. S.) 128. As to assumption of risk on failure of employer to perform statutory duty, see 4 Ann. Oas. 599; 13 Ann. Cas. 36; Ann. Cas. 1913 C 210.