Isnard v. Edgar Zinc Co.

Citations

• 81 Kan. 765
• 106 P. 1003
• 1910 Kan. LEXIS 427

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Instructions — Exceptions Not Sufficiently Specific. Where instructions are given to a jury in numerous paragraphs involving several propositions, and the only exception to any or the whole of such instructions is the following: “To each and every instruction given by the court to the jury adverse to the defendant, and to each and every part thereof, and to the instructions as a whole, the defendant at the time duly excepted and excepts”; held, that this exception amounts only to a general exception, and is insufficient to challenge the attention to any specific paragraph, and insufficient to bring to the consideration of this court any separate paragraph, and will not avail as an exception unless the whole charge is erroneous or unless the charge in its general scope or meaning is erroneous.</p> <p>2. Negligence — Failure to Furnish Safe Place to Work — Personal Injury — Employee—Independent Contractor. Where the owner of a building contracts with another to make therein condensers and tiling, at a stipulated price per hundred for the condensers made and a stipulated price per hundred pounds for tiling made, the owner to furnish the building, machinery, tools, molds and all material for the making of such articles, which are to be made according to the specifications of the owner, the other party to the contract to do the work and employ such assistants as he may need, to be paid by him out of such gross price, but to have no control over the building or place where the work is to be done, held, that the owner is responsible to the next of kin if the building is blown up and the life of the contractor is lost through the negligence of the owner, and this whether the deceased be regarded as having been an independent contractor or an employee of the owner.</p>