Delmore v. Kansas City Hardwood Flooring Co.

Citations

• 90 Kan. 29
• 133 P. 151
• 1913 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Careless Coemployee — Complaint Made — Assumption of Risk. Where two employees in a factory are associated in operating a machine therein and one complains to the master that he is afraid to work with the other and the master replies that the one complained of is incompetent and careless and that he will place him on some work where he can not hurt the one complaining, the one complaining may thereafter continue in the employment for a reasonable time without assuming the risk of injury from the negligence of his fellow laborer.</p> <p>2. - Same. In such case the master assumes liability for injuries received by the one who complained through the negligence of the other.</p> <p>3. - Contributory Negligence — Question of Fact. The question whether the appellee was guilty of contributory negligence was, under the instructions, for the determination of the jury, and, there being no special question submitted thereon, the general verdict in favor of appellee inferentially acquits him of such negligence.</p>