Henry v. Kaw Boiler Works

Citations

• 87 Kan. 571
• 125 P. 67
• 1912 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Defective Appli'ances — Evidence. Where an employee is injured by reason of the breaking of a pole constituting a part of a hoisting apparatus, and formed by screwing together two joints of well casing, evidence that the . threads were rusted, and after the accident were found to be stripped off so far as they had been engaged, is sufficient to take to the jury the question whether the employers were negligent in furnishing defective material for the construction of such apparatus.</p> <p>2. - Foreman’s Negligence — Employer’s Liability. Where Under the direction of a foreman who has complete charge of the building of a steel tank, a hoisting apparatus is prepared by the workmen, which is unsafe, not because of any defect in the materials, but by reason of negligence in the manner in which they are put together, and in consequence an employee who had nothing to do with the preparation of the apparatus, and had not sufficient knowledge or experience to enable him to judge of its safety, is injured, the employers are liable for the results of the foreman’s negligence.</p>