Clark v. E. I. du Pont de Nemours Powder Co.

Citations

• 94 Kan. 268
• 146 P. 320
• 1915 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Explosion of Solidified Glycerine — Personal Injuries — Proximate Cause — Intervening Causes. It is gross negligence for an agent of a powder company, after shooting an oil well with solidified glycerine, to leave a quart of that explosive lying near the well; and the act of a workman, unskilled in the use of such substances, in removing the dangerous article and placing it in the stone fence of a near-by graveyard to prevent injury to himself and his fellow workmen, does not amount to an unrelated, intervening and efficient cause so as to excuse the powder company from its liability for damages to children who afterwards find the solidified glycerine and are injured by it.</p> <p>2. Same — Duty and Liability of Owner of Dangerous Explosives. The owner of so inherently dangerous a commodity as solidified glycerine is required to exert the highest degree of care to keep it in close custody to prevent its doing mischief, and that duty never ceases; and such owner is- liable for all the natural and probable consequences which flow from any breach of that duty.</p> <p>3. Same — Proximate Cause — Former Decision Adhered to. The rules heretofore announced by this court for the determination of proximate cause adhered to.</p>