Vincennes Steel Corp. v. Derryberry

I cannot agree with the majority in holding that the sale negligence laid and relied upon was that of Wait in that he hit the rod without a previous direction to do so.

The appellee, in his complaint, alleges carelessness of the appellants as follows: first, in placing the appellee in such a dangerous and perilous place; second, in striking said heavy rod without warning to the appellee; third, in furnishing the appellee an inside place to work; fourth, in the appellant, Burl Wait, striking said heavy rod without either warning from the boss, Lee Summers, or anyone else, was the absolute cause…