Griffin v. Fredonia Brick Co.

Citations

• 84 Kan. 347
• 114 P. 217
• 1911 Kan. LEXIS 329

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Duty of Master to Provide Safe Place to Work. It is the duty of a briekmaking company which mines shale by means of a steam shovel to use reasonable care to put the rough bank produced by the operation of the steam shovel in a condition, and to keep it in a condition, which will render the work of employees necessarily performed in proximity to the bank reasonably safe from all caving naturally to be anticipated in consequence of the excavation.</p> <p>:2. - Assumption of Bisk. When it is said that workmen assume the risk of injury from the spontaneous caving of banks, the falling of shale, earth and rock loosened by natural agencies, and other perils inhering in work about a shale pit, the contingencies referred to are those which arise after the master has used reasonable diligence to make the place reasonably safe.</p> <p>:3. - Negligence — Injury to Employee. The evidence examined and found to be sufficient to justify a jury in finding' that the defendant was guilty of actionable negligence.</p>