75 Ind. App. 429 | Ind. Ct. App. | 1921
This was an action by appellant to recover damages for a personal injury sustained by the appellant, while in the employment of appellee as a laborer in its manufacturing plant, in the city of East Chicago, Indiana.
The cause was submitted to a jury for trial upon a complaint in two paragraphs, to each of which the appellee filed answer in general denial. During the progress of the trial appellant withdrew and dismissed his first paragraph of complaint, leaving the issues to be tried, those made by said second paragraph of complaint, and said answer thereto, upon which issues the
The motion for a new trial states as reasons therefor: (1) That the verdict is not sustained by sufficient evidence; (2) that the verdict is contrary to law; (3) that the answer of the jury to interrogatory No. 1 is not sustained by sufficient evidence. The fifth and seventh specifications in said motion were similar to the third as above specified, but related to answers to other interrogatories. The fourth specification in said motion was: “The answer of the jury to interrogatory No. 1 shows that the jury were actuated by bias, prejudice, and improper motives.” The sixth and eighth specifications in said motion were similar to the fourth except that they relate to answers to other interrogatories.
The negligence charged in the complaint was the failure to guard a certain machine called a “swiper,” at which the appellant was working, and which was alleged to have been a dangerous machine.
The verdict of the jury was a finding against the appellant, as to the material allegations of his complaint. It was their exclusive province to find the facts. Their finding, upon the record before us, we cannot disturb as not being supported by the evidence. No other question is presented, and the judgment is therefore affirmed.