Hisle v. Kansas City Southern Railway Co.

Citations

• 91 Kan. 572
• 138 P. 610
• 1914 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employer’s Liability Act — Personal Injuries — Negligence of Coemployee — Company Liable. Where, in an action by an employee against a railroad company for damages for personal injuries, the petition states a cause of action under chapter 239 of the Laws of 1911 (the employer’s liability act), and the jury find negligence of another employee causing the injury, it is not necessary to consider whether there was evidence to prove an insufficiency in rules, in the number and competency of employees, equipment or other insufficiencies referred to in the statute. The finding of such negligence will uphold the verdict'.</p> <p>2. Same — Instructions Refused — Not Prejudicial. In the situation stated above the denial of requests for instructions to the effect that there was no evidence to prove any 'of the insufficiencies referred to is not material.</p> <p>3. Same — Foreman of Laborers — Negligence of Subforeman— Foreman Not Liable. A foreman of laborers in railway service who employs and discharges the laborers is not answerable for the negligence of a subforeman unless the foreman had some direct control over or participation in the wrong complained of.</p>