Fleener v. Cudahy Packing Co.

Citations

• 92 Kan. 573
• 141 P. 246
• 1914 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Loose Plcmk — Personal • Injuries ■ — • Sxvfficient Evidence. While carrying a heavy load tip an incline the plaintiff was injured by a plank slipping under his foot as he attempted to step from it into a room where the load was to be deposited. The plank was ten or twelve feet long, about one foot wide, and two inches in thickness, and had been placed in the position indicated for laborers to walk upon in doing the work referred to. Upon these facts a verdict finding that the defendant was negligent is sustained.</p> <p>2. Instructions — Contributory Negligence — Assumption of Bisk. Questions of contributory negligence and assumption of risk were properly submitted to the jury upon the evidence.</p>