Kemp v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 91 Kan. 477
• 138 P. 621
• 1914 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespasser — Killed by Employee — Liability of Company— When Question of Fact — When Question of Law. Where different persons' might reasonably draw different inferences and reach opposing conclusions from undisputed facts the proper inference or conclusion is one of fact for a jury, but where only one reasonable inference can be drawn, or deduction made, a question of law only is presented.</p> <p>2. Same. An employer may be held liable for the wrongful acts of his employee done in the scope of his employment. While it is difficult to define this expression with precision, as applied to all situations, it may be said generally that to fix liability upon the employer the act must not only be done in the. time but in pursuance of the objects of the employment and in furtherance of duty. If done solely to accomplish the employee’s own purpose or device, although in an interval of his regular service, the employer is not liable.</p>