175 Ind. 25 | Ind. | 1910
Appellee was charged with the violation of §8029 Burns 1908, Acts 1899 p. 231, §9, by an indictment which, omitting the formal parts, was as follows: “That Homer Rodgers, late of said county, on March 15, 1909, at said county and State aforesaid, being then and there the owner of and the person in charge of a certain manufacturing establishment for the manufacture of lumber and wood products, in which establishment a certain saw, to wit, a certain swinging cut-off saw, was then and there used, did then, and there unlawfully fail and neglect properly to guard the aforesaid saw, contrary to the form of the statute in such cases made and provided.”
emphasis upon that duty, and on the civil side of the question removes the question of assumption of risk as to the machines, appliances and places to work designated by the statute and those designated by the inspector, and malees such failure to guard negligence per se. United States Cement Co. v. Cooper (1909), 172 Ind. 599.
The judgment is affirmed.