Barnett v. United Kansas Portland Cement Co.

Citations

• 91 Kan. 719
• 139 P. 484
• 1914 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Negligence—“Safe Place to Work”— Sufficient Averments in Petition — Legal Conclusions Unnecessary. In an action by a servant against the master where the petition sets forth the fact showing acts of negligence which imply that there has been a failure of the master to provide a reasonably safe place to work, an averment of the legal conclusion to that effect is not required and its absence will not render it error for the court to submit to the jury the question whether or not the negligent acts if proven amount to a failure to provide the plaintiff with a reasonably safe place.</p> <p>2. Same — Master Not Relieved by Delegating Duty to Another. The rule that the master can not avoid his liability by delegating to another employee the duty to provide his servants with a reasonably safe place to work is applied to the facts stated in the opinion.</p> <p>3. Same — Proximate Cause — Question for Jury. On the facts stated in the opinion it is held that it is a question for the jury whether the negligence complained of was the proximate cause of the injury.</p> <p>4. Same — Assumption of Risk. Upon the facts' stated in the opinion it is held that it can not be said as a matter of law that the plaintiff assumed the risk.</p> <p>5. Verdict — Not Procured by Passion or Prejudice. Plaintiff was allowed $1000 for permanent injuries to the little finger of the left hand. Held, that the record discloses nothing which would authorize the court to say that the amount of the verdict is so excessive as to indicate that it was the result of prejudice or passion.</p>