Hauer, Admr. v. French Bros.-Bauer Co.

The trial court granted a motion for non-suit presumably on the proposition of failure of proof of the cause of the injury and, or the assumption of risk by decedent.

Under §1027 GC, sub-section 1, the defendant, The French Bros. Bauer Company owed the duty to case or box all shafting located horizontally near the floors. This it failed to do, and this failure constituted negligence.

Under the provisions of §871-13 sub-section 5, and §871-15, §871-16, GC, the defendant, The French Bros. Bauer Company owed this duty to the decedent, for the reason that he was a frequenter on the premises and not…