Evansville Gas & Electric Light Co. v. Raley
Indiana Court of Appeals
Erom Gibson Circuit Court; O. M. Welbom, Judge. Action by Jefferson C. Ealey against the Evansville Gas & Electric Light Company. Erom a judgment on a verdict for plaintiff for $3,000, defendant appeals.
1Dissent
Dissenting Opinion.
Roby, J.
The negligence alleged in the complaint must be taken as established by the verdict, and the sufficiency of the facts to support it in that behalf is not questioned.
It appears from the opinion that the defects complained of, both of which contributed to the injury and both of which were caused by the negligence of a single defendant, were latent and concealed ones. It is entirely well established that the employe is not required to search ,for latent and concealed dangers of which he has neither actual nor constructive notice. Salem Stone, etc., Co. v. Tepps (1894),…
2Cases cited22 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
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