Casillas v. Altoona Portland Cement Co.

Citations

• 89 Kan. 365
• 131 P. 560
• 1913 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Recovery under “Factory Act” or Common Law — Trial as to Factory Act 'Only — No Error. Although the petition and evidence in a personal-injury case might justify a recovery under the common law, the defendant can not be prejudiced by a refusal to instruct upon assumed risk and contributory negligence, where the jury are told that the plaintiff can recover only under the factory act.</p>