Barrett v. Dessy

Citations

• 78 Kan. 642
• 97 P. 786
• 1908 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Verdict — Scope. In the absence of special findings, a general' verdict for the plaintiff is a finding of all the material facts, alleged in the petition necessary to support it.</p> <p>2. Mines and Minerals — Duty of Mining Boss — Loose Bock Overhead. Under the provisions of section 4129 of the General Statutes of 1901 it is the duty of the overseer, or “mining boss,” employed by the owner of a coal-mine to see that as a miner advances his excavations therein all loose rock overhead is carefully secured against falling in upon the traveling-ways.</p> <p>3. - Injury to a Miner — Contributory Negligence. It was not error to refuse to give an instruction to the effect that, if the loosening of the rock in the entry of a mine had been. ■ caused by excavations made by the plaintiff in mining in his-room, he could not recover for injuries caused by such rock falling upon him, without qualifications as to his own care or-knowledge of the danger.</p> <p>4. - Same. A miner, in performing the work assigned to> him, although bound to exercise due care for his own safety, may assume, in the absence of notice to the contrary, that, the owner and the overseer have performed their duty in respect to the care of the entry where he is at work when injured.</p>