Baillod v. Nelson Grain Co.

Citations

• 93 Kan. 775
• 145 P. 895
• 1915 Kan. LEXIS 25

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Missouri Factory Act — Personal Injuries — Competent Evidence. A statute of Missouri provides that: “The belting, shafting, machines, machinery, gearing and drums, in all manufacturing, mechanical and other establishments in this state, when so placed as to be dangerous to persons employed therein or thereabout while engaged in their ordinary duties, shall be safely and securely guarded when possible; if not possible, then notice of its danger shall be conspicuously posted in such establishments.” (2 Revised Stat. of Mo. 1909, § 7828.) In an action under this statute testimony of experienced millers was admissible to prove what was the ordinary duty of a miller when a corn mill choked in operation and it became necessary to remove the cause of such choking.</p> <p>2. Same — Defense of Contributory Negligence. In a brief review of Missouri decisions it appears that while the defense of contributory negligence is available in an action under the statute, it is something different from what was understood- by that term before the statute, and is not considered in the same light or upon the same basis. This difference, however, does not appear to have been precisely defined.</p> <p>3. Same — Hand Crushed Between Rollers of Corn Mill — Contributory Negligence for Jury. A corn mill choked in operation, and to relieve the choking, the miller, after failing to remove the cause by taking out the product below the rollers, opened a door above them, and proceeded to rake out the corn or product with his hands about ten inches above the grinding rollers. In doing this work his foot slipped and he was thereby thrown off his balance and his hand went down upon and was crushed between the rollers. It is held that the question whether the defendant was guilty of contributory negligence so as to defeat his action, based on the absence of safeguards required by the statute, was one of fact to be determined upon the evidence.</p> <p>4. Same — Safely