Fazio v. Corey Bros. Construction Co.

I dissent. I think the instruction not only erroneous but harmful. The theory of plaintiff’s case, as alleged in his complaint and upon which he went to the jury, is not that the defendant was negligent in selecting an improper or dangerous place to thaw the dynamite, or that the manner of thaYidng it was unusual, improper, or negligent, but that the defendant carelessly, negligently, and wrongfully ordered and permitted the plaintiff to ’work in close proximity “of a dangerous explosive,” without giving him notice or warning of the danger, he, as alleged, having been without knowledge or…