Cudahy Packing Co. v. Hays

Citations

• 74 Kan. 124
• 85 P. 811
• 1906 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Injury to Employee — Notice of Defective Appliance. In an action to recover for injuries sustained by an employee of a corporation because of a defective appliance, the knowledge of a representative of the corporation (a foreman in charge of the department where the defective appliance was used) of the defect is the knowledge of the corporation, and testimony of an admission made by such foreman, in connection with the management of such business, that he knew of the defect, is admissible to show the knowledge of the corporation.</p> <p>2. Evidence — Irrelevant Answer by a Witness — Motion to Strike Out — Waiver. Where the answer of a witness to a proper question is in part irrelevant and improper, a motion to strike out the objectionable part should be made; and if it is not brought to the attention of the trial court its reception is not available error on review.</p> <p>3. New Trial — Newly Discovered Evidence — Showing of Diligence. Before a new trial will be awarded on the ground of newly discovered evidence there must be, among other things, a clear showing that by the exercise of reasonable diligence on the part of the applicant it could not have been procured • for the trial.</p>