Zernia v. Capitol Court Corp.

{on motion for rehearing). The appellants have moved for rehearing and have pointed out that in its original opinion in this case the court referred to the duty of an employer under the safe-place statute and then added, “He is not an insurer.” In their motion for rehearing, the appellants have cited two cases in which this court has previously stated that the employer is an insurer under the safe-place statute and a number of cases in which we have stated that the statute imposes upon an employer “an absolute duty.”

Because of an apparent inconsistency between the statement of the court in…