55 Ind. App. 303 | Ind. Ct. App. | 1914
The court gave the following instruction: “If the plaintiff agreed with the defendant to make and put in place in defendant’s boiler room a galvanized iron hopper, the size and approximate weight of which was known to defendant, and as part of the contract the defendant agreed to construct a scaffold to be used by plaintiff and other workmen in erecting said hopper, and if defendant was informed as to the number of men that would be required to go upon said scaffold, and accordingly caused its workmen to construct the scaffold, and when completed the plaintiff and his helpers went upon said scaffold and while in the act of putting said hopper in place the scaffold broke and fell and plaintiff was thrown to the ground and sustained the injuries complained of, in the absence of other evidence of the cause of the fall of said scaffold, the jury may infer from the very fact that it broke and fell that the defendant was negligent in doing the work of its construction or in selecting the material therefor, if it appears that at the time the scaffold broke it was being used in the manner as contemplated by defendant.”
The following cases from onr own State also generally support the doctrine announced in the instruction under consideration. Louisville, etc., Traction Co. v. Worrell (1906), 44 Ind. App. 480, 86 N. E. 78; Bedford, etc., R. Co. v. Rainbolt (1885), 99 Ind. 551; Indianapolis St. R. Co. v. Darnell (1904), 32 Ind. App. 687, 68 N. E. 609; Chicago, etc., R. Co. v. Vester (1911), 47 Ind. App. 141, 93 N. E. 1039; Chicago, etc., R. Co. v. Pritchard (1907), 168 Ind. 398, 79 N. E. 508, 81 N. E. 78, 9 L. R. A. (N. S.) 857; Indiana Union Traction Co. v. Scribner (1911), 47 Ind. App. 621, 93 N. E. 1014. The court did not err in the giving of this instruction.
No error has been made to appear, and the judgment is affirmed.
Note.—Reported in 103 N. E. 815. As to presumption of negligence from happening of accident, see 113 Am. St. 986. As to presumption of exercise of care, see 116 Am. St. 108. For presumption of negligence from occurrence of accident to person on defendant’s premises, see 15 L. R. A. 33. See, also, under (1) 38 Cyc. 1673; (2) 29 Cyc. 590, 597, 643; (3) 38 Cyc. 1404; (4) 29 Cyc. 658.