Watson ex rel. Watson v. Warsaw Construction Co.

At 5 :30 in the afternoon of 2 February, 1928, tbe plaintiff received tbe dynamite caps from tbe defendant’s foreman and was injured by an explosion in bis pocket on tbe day following at 1:30. Tbe material allegations of negligence, -as set forth in tbe complaint, are tbe defendant’s failure to warn tbe plaintiff of danger in handling tbe caps and its failure to provide a safe box or container for their transportation. Let us consider each of these allegations in its relation to tbe plaintiff’s evidence.

As to tbe first, it is conceded to be tbe duty of an employer to warn his employees…