Gillaspie v. United Iron-works Co.

Citations

• 76 Kan. 70
• 90 P. 760
• 1907 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Assumption of Risk. The ordinary rule of the non-liability of an employer for injury sustained by an adult employee of ordinary discretion through the voluntary use of a defective tool, when the facts and the danger were within the comprehension of any ordinarily intelligent and prudent man and were as completely within the knowledge and appreciation of the servant as of the master, is here applied to the case of a man who lost an eye by being struck by a sliver of steel from a “set,” or “snap,” used to receive the blows of the sledge in riveting I-beams.</p>