Cash v. Kansas Oil Refining Co.

Citations

• 103 Kan. 880
• 176 P. 980
• 1918 Kan. LEXIS 412

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Death of Workman — Negligence Charged Not-Proven — Demurrer to Evidence Sustained. In an action against a refining company to recover for the death of a workman, it was claimed that the defendant was negligent in sending him into a dangerous place without providing some person to assist him in case he was overcome by fumes of gasoline; that he was overcome by fumes of gasoline from the tank car, and while in this condition fell from the top of the car to a ditch by the side of the track and inhaled water, mud and gasoline and other waste products in the ditch, and died from suffocation. Held, that there was no substantial evidence, direct or circumstantial, fairly tending to prove what actually caused the deceased to fall from the car, and that a demurrer to the evidence should have been sustained.</p>