Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 132
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. 1893 edition. Excerpt: ... which caused his injury. Louisville, etc., R. R. Co. v. Corps, supra; Louisville, etc., R. W. Co. v. Sandford, 117 Ind. 265; Brazil, etc., Co. v. Young, 117 Ind. 520; Lake Shore, etc., R. W. Co. v. Stupak, 108 Ind. 1; Indiana, etc., R. W. Co. v. Dailey, 110 Ind. 75; Philadelphia, etc., R. R. Co. v. Hughes, 119 Pa. St. 301; Wilson v. Winoita, etc., R. R. Co, 37 Minn. 326; Gafney v. New York, etc., R. It'. Co., 15 R. I. 456. It is probably true that where the means and opportunities of knowledge are equally open to employer and employee they stand on common ground, and that the employee can not, in such a case, maintain an action against his employer. Brazil, etc., Co. v. Hoodlet, supra (p. 333); Grifin v. Ohio, etc., R. W. Co., 124 Ind. 326; Ballou. v. Chicago, etc., R. ll'. Co., 54 Wis. 257 (5 Am. & Eng. R. W. Cases, 460). But we are compelled to say here, as we have so often said in reference to other points, that the general verdict forbids us from assuming that the appellant and the appellee stood on common ground. There are no facts not reconcilable with the general verdict authorizing us to adjudge that the means and opportunities of knowledge were equal. We can not conclude from the nature of the defect in the brake that it was not a latent one which only a minute inspection would reveal. For anything that appears, the opportnnities for knowledge on the part of the employer were far superior to those of a brakeman engaged at work upon a train, moving over the road. We can not say precisely what he was doing, or was bound to do, either while the train was in motion or was stopping at the various stations, although we do know, as matter of common knowledge, that a brakeman on a train out upon the road necessarily has...
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