Fletcher v. Henry Baden Mercantile Co.

Citations

• 105 Kan. 425
• 185 P. 7
• 1919 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Unsafe Work — Explosion of Gas — Injuries— Contributory Negligence — Assumption of Risk. The mere fact that in the judgment of the employee an act required by the employer is unsafe does not, as a matter of law, render him guilty of negligence in performing it, if the employer assures him that there is no danger. He cannot be charged, as a matter of law, with either contributory negligence or with having assumed the risk, merely because, before notifying the master, he had entertained fears as to the possibility of injury by circumstances coming to his own knowledge, where he afterwards relies upon the assurance of the master that such work may be performed in safety, unless, of course, the danger was so obvious that no man of ordinary prudence would incur it.</p>