Duran v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 100 Kan. 189
• 165 P. 653
• 1917 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Federal Employer’s Liability Act — Negligence—Injury to Employee— Assumption of Msic. A laborer was cutting boards in two with an ax, when he was directed by his foreman to break them by fastening one end of eách in a tripod and stamping on the other end. Theretofore he had cut them with an ax provided by his employer. In breaking, as thus directed, he was, in a few minutes, injured by a splinter from one >of the boards flying and striking him in the eye. The foreman testified that he did not want the plaintiff to break them that way because he was liable to hurt himself. The jury, in addition to a general verdict for the plaintiff, found among other things that the method thus directed and used was more dangerous than the one the workman had been following, that he did not know the method directed was dangerous, and that its danger was not apparent and obvious to a man of his intelligence. Held, that as he did not realize and appreciate the danger of obeying the order he is not barred of recovery on account of assumption of risk.</p>