Good-eye Mining Co. v. Robinson

Citations

• 67 Kan. 510
• 73 P. 102
• 1903 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Review of Refusal to Require Security for Costs. The refusal of a trial court to require a plaintiff to give security for costs in lieu of a poverty affidavit filed with the petition, even if the ruling be erroneous, will not be reviewed here after a judgment has been rendered for the plaintiff which this court decides to affirm on the merits of the case. The deprivation of a legal right which results in no harm or prejudice to the complaining party will not justify a reversal of the judgment.</p> <p>2. Master and Servant — Delegated Duty — Liability of Master. It is the duty of a master to provide his servants with a reasonably safe place in which to work. When the master delegates this duty to an officer, agent, or employee, such person stands in the place of the master and becomes his substitute as vice-principal, and the master is liable for his negligence to the same extent as though he himself had been guilty of the negligence. The case of A. T. & S. F. Rld. Co. v. Moore, 29 Kan. 632, followed.</p> <p>3. -Evidence Sufficient. The evidence examined and held to be sufficient to sustain the judgment.</p>