Case v. Yoakum

Citations

• 99 Kan. 253
• 161 P. 642

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Personal Injuries — Negligence Found Not Charged, in Petition — No Recovery. The petition alleged that a certain runway over which the plaintiff was carrying heavy lumber was insufficient, that all the hoards were old, weather-worn, rotten and weak and not properly fastened at the ends, and were not fit or proper boards for the purpose for which they were being used, and that the walk or one of the boards therein broke and the plaintiff was precipitated to the cellar. The jury returned a verdict for the plaintiff, but found as the sole ground of negligence that the walk was too narrow. Held, that a judgment for the defendant on this finding must be sustained.</p>