Brooks v. Kansas Chemical Manufacturing Co.

Citations

• 94 Kan. 86
• 145 P. 840

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Defective Tool — Loss of an Eye — Findings Sustained by the Evidence. In an action by an employee against his employer for damages resulting from the loss of an eye, which was struck and penetrated by a sliver of steel, the jury found specially that the proximate cause of the injury was a defective tool furnished the employee for use in his work. The defendant suggested several other causes. All of them were fairly eliminated either by the.proof or for lack of proof. Under the proof the cause assigned by the jury was natural, reasonable, and adequate. Held, the inference was legitimate and not the product of speculation or conjecture.</p> <p>2. Same — Unskilled Employee — Employer Must Furnish Tools Reasonably Safe for Use. The decision in the case of Steele v. Railway Co., 87 Kan. 431, 124 Pac. 169, relating to the right of an unskilled employee to accept a simple mechanical tool, like a cold chisel or cold hammer, furnished him by an employer, as reasonably safe for use, unless defects were so patent they must have been observed and appreciated or unless defects were actually brought to the employee’s cognizance, followed.</p> <p>3. Trial — No Prejudicial Error. Various errors assigned considered and held to be without substance and without prejudice.</p>