Casteel v. Pittsburg Vitrified Paving & Building Brick Co.

Citations

• 83 Kan. 533
• 112 P. 145
• 1910 Kan. LEXIS 578

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Child Labor Law — Right of Action for Damages — Injury to Child — Dangerous Occupation. Under the statute (Laws 1909, eh. 65, §§ 2, 5) providing that “no person under sixteen years, of age shall be employed at any occupation nor at any place dangerous or injurious to life, limb, health or morals,” and providing a penalty for a violation of such provision, an employee less than sixteen years old who is injured at such an occupation may recover damages against his employer, although the statute does not in terms give him a right of action.</p> <p>2. - Proof that Defendant Knew Occupation Was Dangerous. In such an action it is not necessary for the plaintiff to prove that the defendant knew that his occupation was dangerous.</p> <p>S. -Dangerous Occupation — Question of Fact. Ordinarily whether a particular occupation is dangerous within the meaning of the statute is a question of fact.</p> <p>4. Words and Phrases — “Dangerous Occupation.” An occupation is dangerous within the meaning of the statute whenever there is reason to anticipate injury to the person engaged in it, whether the risk arises from the inherent character of the work or the manner in which it is carried on, even although the danger may be eliminated by the exercise of due care and skill on the part of the employee.</p> <p>5. Child LABOR Law — Violation of Statute the Proximate Cause of Injury to Employee. Where the employment of a person under sixteen years of age is unlawful because his occupation exposes him to danger, and in the course of his work he is injured in consequence of such exposure, the violation of the law is the proximate cause of the injury.</p> <p>6. --- Injury to Employee — Dangerous Occupation — Proximate Cause. In an action under the statute the evidence tended to show these facts: The plaintiff was required to ride upon a dumping car, drawn by a horse over a rough track abounding in curves and running close to a steep bank of shale; the car of