Harper v. Iola Portland Cement Co.
Citations
- 83 Kan. 788
- 112 P. 626
- 1911 Kan. LEXIS 240
Syllabus
<p>1. Master, and Servant — Injury to Employee — Duty of the Master. In an action for damages by an employee who was injured by the explosion of dynamite that had been placed in a drilled hole in a stone quarry the plaintiff was not required to prove who drilled and loaded the hole or that anyone in authority for the defendant knew of the existence of the loaded and unexploded hole.</p> <p>2. •-- Same. A master’s duty requires him to make and carry out regulations to render the work of his employees reasonably safe.</p> <p>3. -- Negligence of Fellow Servant — Duty of the Master. The fellow-servant rule has no application when the negligent employee is charged with a duty which the master is bound to fulfill.</p> <p>4. - Assumption of Risk. An employee does not assume the risk of dangers against which the master is under a duty to protect him.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- negligence may not be inferred from a fall on an escalator because the plaintiff did not show that the escalator was improperly constructed or that it malfunctioned
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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