Bersch v. Morris & Co.

Citations

• 106 Kan. 800
• 189 P. 934
• 9 A.L.R. 1374
• 1920 Kan. LEXIS 657

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — “Willful” Failure of Employee to Use Guard Against Accident — Statute Interpreted. The meaning of the word “willful,” as used in the statute denying compensation to a workman injured through willful failure to use a guard against accident provided by his employer (Laws 1917, ch. 226, §27), is not necessarily fulfilled by voluntary and intentional omission, but includes the element of intractableness, the headstrong disposition to act by the rule of contradiction.</p> <p>2. Same — Injuries—Not Caused by “Willful” Negligence of Employee. Findings of fact and evidence sustaining the general verdict considered, and held, the plaintiff, who was injured because of failure to replace guards which he had removed from a casing machine which he was cleaning, was not precluded by the statute from recovering compensation.</p>