Floyd v. Morgan

Bell, Judge.

The allegation in the petition that the defendant was negligent in failing to warn the plaintiff or his wife of the danger that an explosion might result if the wires were re-inserted in the electrodes does not charge actionable negligence since there are no’ allegations in the petition that the defendant knew or should have known that the plaintiff was reinserting the wires. It is obvious that if the defendant had no knowledge of the plaintiff’s action, the defendant would have no duty to warn him of the hazards involved.

The petition charges that the damages and injuries the…