Henschell v. Union Pacific Railway Co.

Citations

• 78 Kan. 411
• 96 P. 857
• 1908 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>2. Practice, Supreme Court — Transcript of the Record. The fact that the clerk of the trial court in preparing the transcript of the record attached to the petition in error incorporated therein a part of the original files in the case instead of copies is not a ground for dismissing the proceedings in error.</p> <p>:2. Master and Servant — Injury to Servant — Guarding of Machinery. The provision of the “factory act” (Laws 1903, ch. 356, § 4) that “all . . . cog gearing . . . used in a manufacturing establishment shall, where practicable, be ■properly and safely guarded, for the purpose of preventing .. . . injury to the persons employed ... in any such ■establishment,” contemplates that such gearing shall be ¡screened, enclosed or covered — that is, that a barrier of some ¡sort shall be interposed to keep the employees from coming in 'contact therewith; it does not require the remodeling of maichinery or the addition of any attachments excepting those of the character indicated.</p> <p>3. -Evidence that It Was Practicable to Guard Machinery. In an action under the portion of the factory act above quoted it is ordinarily incumbent upon the plaintiff to produce evidence that it was practicable to guard the machinery which 'occasioned the injury complained of.</p>