Reports of the Cases Decided in the Appellate Court of Indiana Volume 48

Reports of the Cases Decided in the Appellate Court of Indiana Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...pilot; "that the timbers of said pilot were rotten and defective, and while appellee was upon said pilot, for the purpose afore said, the timbers and braces gave way from the mere weight of appellee's body, and caused him to fall; that in order to avoid being run over, he threw himself from the track, and in so doing, and without any fault on his part, he caught his hand and injured two of his fingers; that said injuries were caused wholly by the negligence of appellant in failing properly to inspect said engine and said pilot, and in failing to provide a pilot to said engine sufficient to bear the weight of any employe of said company whose duty required him to ride thereon, and in failing to provide the crew of said train--of which appellee was a member--with reasonably safe machinery and appliances--particularly the pilot of the engine--with which to perform the work required of it in the discharge of its duties; that prior to the time appellee received his said injury he had no knowledge of the defective condition of said pilot. Where the sufliciency of a complaint is not questioned until after verdict (assignments of errors one and three), all intendments are in favor of the pleading. If there is not a total failure to state some essential element of the right of recovery, and the complaint states facts sufficient to bar another action for the same cause, the verdict cures all other defects, and is sufficient to sustain the judgment. Oliver Typewriter C0. v. Vance (1911), ante, 21; Scott v. Collier (1906), 166 Ind. 644. Tested by this rule, We think the complaint clearly sufiicient, even if insufiicient as against a demurrer, which we do not determine.. The jury, in answer to interrogatories, found that the engineer and...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • Illustrations, black and white
  • 1236746295
  • 9781236746290