Bubb v. Missouri, Kansas & Texas Railway Co.

Citations

• 89 Kan. 303
• 131 P. 575
• 1913 Kan. LEXIS 58

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. “Factory Act”' — Carpenter Shop of Railway Company within its Provisions. A railway company which maintains a manufacturing establishment is not relieved from- compliance with the factory act because the establishment is a mere incident to the company’s business as a common carrier, or because the manufactured product is used by the company itself and not sold, or because manufacturing is not within 'the company’s charter powers.</p> <p>2. - Same. A separate building maintained by a railway company as a carpenter shop, which contains turning lathes, planing machines, bpring machines, mitering and mortising machines, circular saws, and other machinery, operated by electricity, wherein.lumber is sawed and otherwise converted into proper forms for mold patterns, frames for concrete work, repairs on buildings, and divers other uses, is a manufacturing establishment within the meaning of the factory act.</p> <p>S. Pleadings — Action under Factory Act — Issue as to Safeguard. In an action for damages prosecuted under the factory act for failure to provide a safeguard for a circular saw, it is not necessary that the plaintiff advance an issue in the petition respecting the practicability of such a safeguard.</p> <p>4. Negligence — Safeguarding Machinery — Evidence Sufficient. The testimony of witnesses describing a circular saw used in ■a carpenter shop, its' accessories, the method of using it, and the danger to be apprehended from it, is sufficient without more to sustain a finding by the jury that it was practicable to safeguard the saw, although several witnesses testified to the contrary.</p>