Baker v. United Iron Works Co.

Citations

• 90 Kan. 430
• 133 P. 737
• 1913 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Defective Appliances — Personal Injuries — Assumption of Bisk — Duty of Master to Inspect Appliances. A laborer in a foundry was required to assist in carrying a crucible of molten brass weighing 275 pounds by means of a brail holding the crucible by a ring around it from which handles projected. The crucible was new and larger than those ordinarily used. Because of this fact none of the brails on hand was large enough, and the foreman took one to the blacksmith shop in the foundry and gave orders to stretch it in a hurry, which was done by heating and hammering the ring. The hot metal was then carried to the mold by the reconstructed brail, and in piouring in into the mold the handle upon which the plaintiff was lifting broke at its connection with the ring, spilling the metal upon him. It is held: (1) That the doctrine of assumption of risk has no application to the facts of this case; (2) That the employer who manufactures or alters an appliance is chargeable with knowledge of any defects which ordinary care in the process would have disclosed. Beyond this, if an appliance as ordinarily used is liable, if defective, to injure the employee a duty of reasonable inspection is cast upon the employer and he is chargeable with notice of such defects as the inspection would have revealed. (3) This duty of inspection is a continuing one, and arises from the primary obligation to exercise ordinary diligence to provide safe instrumentalities. Whenever an inspection is fairly incidental to such diligence it must be made.</p>