Kansas Buff Brick & Manufacturing Co. v. Stark

Citations

• 77 Kan. 648
• 95 P. 1047
• 1908 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Employee — -Failure to Guard Machinery. The violation of a duty imposed by chapter 356 of the Laws of 1903, known as the factory act, is prima facie sufficient to establish the liability of the owners of manufacturing establishments for injuries to an employee resulting therefrom.</p> <p>2. -;— Defenses — Contributory Negligence — Assumption of Bisk. Where such liability is claimed under this statute, contributory negligence of the injured party is an affirmative defense to be established by evidence, and the doctrine of the assumption of risk is not available as a defense.</p>