183 Ind. 23 | Ind. | 1915
— Action by appellee against appellant for damages for personal injuries. The complaint was originally in three paragraphs, the first of which was dismissed. The second alleges that appellant was a contractor engaged in erecting a three story building, and in the work employed one Galmeier as foreman, and appellee.and others, as common laborers; that steel I-beams, to support the floors of the second and third stories had been placed in position; that the I-beams were eight inches high, ten feet long, and placed five feet apart; that it was intended to fill the space between the third floor beams with concrete, resting on a thin iron arch-shaped mesh, or reinforcement, laid on the lower flanges of the I-beams; that it was designed to place the concrete so that its top would be on a level with the top of the I-beams, which would make it eight inches deep at the I-beams and three inches deep in the center, at the top of the arched mesh; that to properly and safely place the cement in place it was necessary to spread the concrete on the reinforcement to the depth of one inch only, and let it harden before completing the filling of the space; that the mesh or reinforcement would not support the weight of the green concrete if all were placed at one time; that no support, except as aforesaid, was provided for the mesh; that all of said facts were known to appellant and that the weakness of the reinforcement was unknown to appellee; that appellee, was ordered by the foreman to spread concrete one inch deep over one of the arched meshes located on the third floor, and appellee obeyed the order and commenced the work as directed by the foreman; that thereupon appellant, in person, negligently ordered appellee to at once fill the entire space between the
The cause was tried by a jury resulting in a verdict for appellee for $13,000. Appellant moved for a new trial, on the ground, among others, that the damages were excessive. At the suggestion of the trial court, appellee entered a remittitur as to $3,000 of the damages awarded, and thereupon the court overruled the motion for a new triál and rendered judgment against appellant for $10,000.
Some other questions, of minor importance, are presented, but we are of the opinion that no reversible error appears in the record. Judgment affirmed.
Note. — Reported in 107 N. E. 467. As to proximate and remote causes for injuries from negligence, see 50 Am. Rep. 569; 36 Am. St. 807. As to what is excessive verdict in action for personal injuries not resulting in death, see 16 Ann. Cas. 8; Ann. Cas. 1913 A1361. Duty of person injured by negligence of another with reference to securing physician, 19 Ann. Cas. 979. Assumption of risk on failure of employer to perform statutory duty, see 4 Ann. Cas. 599; 13 Ann. Cas. 36; Ann. Cas. 1913 C210; 6 L. R. A. (N. S.) 981; 19 L. R. A. (N. S.) 646; 22 L. R. A. (N. S.) 634; 33 L. R. A. (N. S.) 646; 42 L. R. A. (N. S.) 1229; 49 L. R. A. (N. S.) 471. On the question as to whether mistreatment by physician affects the liability of the person causing injury, see 17 L. R. A. 34. As to the liability of one causing personal injury as affected by negligence or unskilfulness of attending physician or surgeon, see 48 L. R. A. (N. S.) 116. See, also, under (1) 26 Cyc. 1384; (2) 26 Cyc. 1399; (3) 26 Cyc. 1386; (4) 26 Cyc. 1392; (5) 26 Cyc. 1180; (6) 26 Cyc. 1503; (7) 38 Cyc. 1444; (8) 13 Cyc. 121; (9) 13 Cyc. 77; (10) 26 Cyc. 1513.