South Bend Iron Works v. Larger

The appellee sued the appellant and recovered damages for a personal injury alleged to have been sustained by him in falling through an elevator shaft or hatchway, in the appellant’s warehouse, in the city of Indianapolis. There are but two specifications of error, viz.:

1. The amended complaint, and each paragraph thereof, fails to state facts sufficient to constitute a cause of action.

2. The court, at special term, erred in overruling the appellant’s motion for a new trial.

*368The complaint is in two paragraphs.

The first paragraph counts upon the negligence of the appellant in leaving the…