Iliff v. Cudahy Packing Co.

Citations

• 83 Kan. 588
• 112 P. 165
• 1910 Kan. LEXIS 587

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Negligence of Fellow Servant — Nondelegable Duty of the Master. A laborer who as a part of his regular duties was ordered to keep the elevator pit in a packing house clean of refuse was directed to notify the elevator operator whenever he entered the pit to do this work, and was told that the operator would warn him of the descent of the elevator. This was regularly done for some time, after which, when the laborer again entered the pit and notified the operator accordingly, the latter neglected to give the warning, in consequence of which neglect the elevator descended upon the laborer and injured him. It is held, (1) that the ordinary rule relieving a master from liability to a servant for injuries caused by the negligence of a fellow servant does not apply; (2) the master was not relieved from the consequences of neglect to make the place of service reasonably safe by delegating the duty of giving the necessary warning to the operator, who failed to give it.</p>